[Congressional Record: December 15, 2000 (House)]
[Page H12442-H12502]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr15de00pt2-83]
CONFERENCE REPORT ON H.R. 4577, DEPARTMENTS OF LABOR, HEALTH AND HUMAN
SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2001
Mr. YOUNG of Florida. Mr. Speaker, pursuant to the previous order of
the House, I call up the conference report on the bill (H.R. 4577)
making appropriations for the Departments of Labor, Health and Human
Services, and Education, and Related Agencies for the fiscal year
ending September 30, 2001, and for other purposes.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to the order of the House of today,
the conference report is considered as having been read.
(For conference report and statement, see prior proceedings of the
House of today.)
The SPEAKER pro tempore. The gentleman from Florida (Mr. Young) and
the gentleman from Wisconsin (Mr. Obey) each will control 45 minutes.
The Chair recognizes the gentleman from Florida (Mr. Young).
Mr. YOUNG of Florida. Mr. Speaker, I yield myself such time as I may
consume.
I would just briefly like to mention the fact that we have produced a
four-page legal-sized document that identifies the highlights of this
bill. This has been available now for more than 2 days for Members to
look at to get a really good understanding of what is in the bill. I
would suggest that anyone who wants to find some reason to oppose this
bill, they can find it. It is a huge bill. It required hours and days
and weeks of negotiation to get us to the point that we are.
Mr. Speaker, this bill should be passed today, and the House should
conclude its business. I am going to ask shortly that the gentleman
from Illinois (Mr. Porter), who is the chairman of the subcommittee,
manage the balance of the debate, inasmuch as he is the chairman of the
Subcommittee on Labor, Health and Human Resources, and Education, and
Related Agencies; but before I do, Mr. Speaker, I want to ask Members
to adopt this legislation and to get quickly to a vote.
I have a brief statement I would like to read before I turn this time
over but before that I want to talk with the gentleman from Wisconsin
(Mr. Obey).
Mr. OBEY. Mr. Speaker, will the gentleman yield?
Mr. YOUNG of Florida. I yield to the gentleman from Wisconsin.
Mr. OBEY. Mr. Speaker, I would like to at this point engage the
chairman of the committee in a colloquy on the Low Income Energy
Assistance Program, which I hope will address the concerns many Members
have regarding the lack of an advanced appropriation for fiscal year
2000 in this bill.
We are all aware of the drastic spike in price fuels that has
occurred in the past year. Home heating fuels have
[[Page H12443]]
doubled in the past year in many regions. In some areas it has
increased fivefold. For many seniors and families who are struggling,
that spike in energy costs have dealt a crushing blow to their family
budgets just to provide the basic essentials of heating their homes.
The LIHEAP program helps over 4 million low-income households by
paying on average about half their home heating bills. But due to a
lack of funds, this program has been serving only about 15 percent of
federally income-eligible households. The recent jump in fuel costs
will mean the relative value of that assistance will be cut in half
this winter.
Earlier this year, Congress provided an extra $600 million in the
LIHEAP emergency fund that was required by the President in the 2000
supplemental appropriation bill. About $450 million of those extra
dollars were released by September for this winter, and I hope that the
administration will release the balance soon.
The conference agreement for fiscal year 2001 contains $1.4 billion
for LIHEAP, an increase of 27 percent, plus an additional $300 million
for the LIHEAP emergency fund. Now, normally this appropriation bill
would also provide an advance appropriation for LIHEAP for the next
fiscal year so that States have time to plan their programs prior to
the time that funds become available. However, as the gentleman knows,
due to a provision in the budget resolution which places a cap on the
total for advance appropriations, we were not able to include LIHEAP
funding for the next fiscal year as an advance appropriation.
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It is my hope and understanding that next year we will finish our
work on the Committee on Appropriations before the fiscal year starts
on October 1. But in the event that we do not, I think we need to
signal our intentions to the States now so that they can be assured
that LIHEAP funds will be there when they need them despite the lack of
an advanced appropriation in this bill.
So I would, therefore, ask the chairman of the committee, is it your
intention that we provide at least the same level of support for LIHEAP
next year as is included in this bill?
Mr. YOUNG of Florida. Mr. Speaker, reclaiming my time, I thank the
gentleman from Wisconsin (Mr. Obey) for raising this issue because it
has been a big concern for many Members on my side of the aisle as
well.
I want to assure Members that LIHEAP is a very high priority for the
Committee on Appropriations and we will do everything we can to
maintain, at a minimum, the current level of support for this program
next year.
Mr. OBEY. Mr. Speaker, I thank the chairman for that response.
Mr. Speaker, if the gentleman will continue to yield, let me ask
further, in the event that we do not complete the Labor-H bill next
year by October 1 and have to pass a continuing resolution after that
date, is it your intention to include adequate funding in the first CR
for LIHEAP so that States can adequately run their systems programs
through the next winter heating season?
If the committee can offer that commitment, I think Members on this
side of the aisle will feel much more comfortable in supporting this
conference agreement knowing that the normal operations of this program
will not be interrupted.
Mr. YOUNG of Florida. Mr. Speaker, let me respond to the gentleman
that while I hope a continuing resolution would not be necessary next
October, I would certainly support including funding for the full
winter heating season in the first CR should we find ourselves in that
position.
Mr. OBEY. Mr. Speaker, I thank the chairman of the committee for his
strong support for the program and for his commitment to ensure that
this lack of an advance appropriation in this bill will not result in
the interruption of this critical assistance.
I also want to take this opportunity to thank him for the patience
that he has shown as we worked our way through some very troubling
difficulties. Thank goodness that they now appear to be behind us, at
least for a month.
Mr. YOUNG of Florida. Mr. Speaker, I thank the gentleman from
Wisconsin (Mr. Obey) for his comments. We have had differences
throughout the appropriations process, but we were able to come
together. This is a good bipartisan bill. The gentleman from Wisconsin
(Mr. Obey) and I spent a lot of time in the wee hours of this morning
trying to bring this bill to the floor today.
Before I turn my time over to the gentleman from Illinois (Mr.
Porter) who is the chairman of the subcommittee, I wanted to say, Mr.
Speaker, that we are at that time of the year when holiday thoughts
enter our mind; and I recall one of my predecessors who one time made a
very, very aggressive wish to the Members for a Merry Christmas after a
rather heated discussion. I also want to leave a message about the
holiday season if the Members would indulge me for about another
minute. It goes like this:
Twas the week before Christmas and all through the House,
appropriators were working but beginning to grouse.
The big day was coming but no end in sight.
If only we had a number, we could finish tonight.
When back from the White House there came such a clatter, I
sprang from my office to see what was the matter.
When what to my pleasant surprise did I see?
Speaker Hastert with a number and a look of sheer glee.
Here is what you told me you needed, he said,
And quickly he turned with a nod of his head:
I think Obey and Clinton and Daschle and Lott
Will all be pleased with the number we got.
As I turned I was amazed at what did transpire,
13 Cardinals all ready to file . . .
Now Packard! Now Porter! Now Hobson and Taylor!
On Lewis! On Rogers! On Jim Walsh and Kolbe!
From H-218 to the Committee on Rules
It is time to wrap up and not a moment too soon . . .
Our job here is done; now let us clear the hall
Let us vote and then dash away, dash away all.
And I wish everyone a very happy, safe holiday season.
Mr. Speaker, I reserve the balance of my time.
Mr. OBEY. Mr. Speaker, will the gentleman yield?
Mr. YOUNG of Florida. I yield to the gentleman from Wisconsin.
Mr. OBEY. Mr. Speaker, I would also like to take this opportunity,
and I know he has to leave to take a plane for a very important event
which his wife has set up involving a number of Florida children, but
in addition to thanking the gentleman for his good cheer and courtesy
throughout a tough year, I also want to take this opportunity to wish
him in advance a happy birthday, which I understand is tomorrow.
Mr. YOUNG of Florida. Mr. Speaker, reclaiming my time, I thank the
gentleman very much.
I recall late one night we were here and the gentleman from Wisconsin
(Mr. Obey) missed his wedding anniversary because of a late night
session. And if we do not soon get out of here tonight, he is going to
miss being awarded a very, very prestigious and impressive honorary
degree at an institution of education that he founded back in
Wisconsin.
So I wish him the best of luck and congratulations.
Mr. Speaker, I reserve the balance of my time.
Mr. OBEY. Mr. Speaker, I yield myself 15 minutes.
Mr. Speaker, before I get into my explanation of this bill, I want to
take a moment to do something I think is very important. This
institution takes a lot of abuse but there are some people in this
institution who do a tremendous job on behalf of the taxpayers and they
deserve, no matter how rushed the Members are, they deserve to be
recognized.
I want to start by thanking the committee staff on our side of the
aisle, Mark Mioduski and Cheryl Smith, who have worked so incredibly
hard all year on the Labor-Health bill. Cheryl not only handles
education programs for the minority, but she does the transportation
bill, as well. And I know that there were occasions when they went 2\1/
2\ days or more without a single hour's sleep in order to serve this
House, this committee, and its members; and I am very grateful.
I want to thank Mark Murray, who does a terrific job handling both
the
[[Page H12444]]
Foreign Operations bill and the Legislative Branch appropriations bill;
Dave Kilian, who has virtually single handedly handled the Defense bill
on our side of the aisle; Tom Forhan, who handles both the Military
Construction bill and the District of Columbia bill; Dave Reich and
Mike Stephens, who worked together on VA-HUD. And, in addition, Dave
handles the Agriculture bill and Mike handles the Interior bill. Sally
Chadbourne and Pat Schlueter worked together on the Commerce-Justice-
State bill. Sally also does the Energy and Water bill, and Pat does the
Treasury-Postal bill.
None of these people would be nearly as effective if it were not for
the tireless efforts of Mr. Bonner, who undoubtedly works as hard as
any human being on Capitol Hill, and Jade Brennan, who was been here
early in the morning until early the next morning day after day and
night after night. And I would also like to thank Kori Bernards, who
has coordinated our communications efforts too and Norris Cochran and
Christina Hamilton, who have helped out in numerous ways.
This small group of people had to deal literally with every funding
issue in every department and agency and program of the entire Federal
Government. They have had to help Members with their particular
problems with government programs and very often have had to deal with
the wrath of authorizing issues that have nothing to do with the
appropriations but nonetheless get dumped into our bills as a means of
clearing them through both Houses. I think that the effort they put
forth on behalf of this institution and particularly Members on my side
of the aisle is remarkable, and I want to thank them from the bottom of
my heart for their long hours, their tremendous knowledge of our
Government and legislative process and the enormous commitment that
they have made to making this Government and this country a better
place.
I also want to pay special thanks to the clerk of the committee, Jim
Dyer. I do not think there is a single person on Capitol Hill who is
more patient, more fair or more pleasant to deal with on a daily basis
in and out. I can say without reservation that, had it not been for his
commitment and personal skill, this agreement and many others would
never have come together.
Also helping the chairman and the entire committee in the front
office are John Mikel, a first rate professional, who for more than a
decade has pulled the committee and the House through the thorny
thickets of process and budget rules. And Chuck Parkinson has helped
schedule our bills and coordinate with the Committee on Rules; and the
leadership minority, Dale Oak, who manage the massive job of tracking
the hundreds of extraneous items that various Members and other
committees attempted to attach to this legislation; and Elizabeth Morra
and John Schofield who have handled press for the majority.
Dianne Kane, Sandy Farrow, Brian Mabry, and Theo Powell really make
the committee work; and they are a big help not only to the majority
but to all of us on the committee. And I want to especially recognize
Tony McCann, the Subcommittee on Labor-Health clerk; Carol Murphy;
Susan Firth; Geoff Kenyon; Francine Mack-Salvador; and Tom Kelly of the
Subcommittee on Labor-HHS staff and all of the associate staff of the
members of the Labor-HHS subcommittee on both sides of the aisle. And I
also thank Steve Cartesi, the majority clerk on the Senate side, and
Jim English on the minority side and all of the other clerks and
ranking members' assistants as well on all of the other subcommittees
who deal so well and with so much dedication.
I know that there are few people in this country who appreciate how
hard all of these people work and how much of a contribution they make
to their country and this institution, but I want to say ``thank you''
to all of them. And I am sure that that feeling is shared on both sides
of the aisle.
Now I would simply like to say this, and I will say one more thing
about one person before I move to substance: The gentleman from
Illinois (Mr. Porter) is leaving this institution after a distinguished
career which would make any American proud; and I have to say that,
whether I have served with him on the Subcommittee on Foreign
Operations or on the Subcommittee on Labor, Health and Education, he
has invariably brought a high degree of thoughtfulness, a high degree
of fairness, uncommon good judgment and good sense, and immense
dedication to the public good.
I can think of no better phrase than to repeat the phrase that we
have heard so often, ``Well done, good and faithful servant.''
John has truly been a credit to this institution, to his party, to
his country and to his district. I want to lead us all in a round of
applause for the wonderful work that he has done while he has been with
us in this institution.
And now, Mr. Speaker, on to the substance.
On Wednesday night, the country heard two very good speeches on
reconciliation from Mr. Gore and Mr. Bush. Both emphasized a need for
bipartisanship.
Unfortunately, we serve in the institution which has suffered the
greatest erosion of bipartisanship in recent years. But this
institution does, in my opinion, have a very good model for
bipartisanship and that is the Committee on Appropriations.
Even during the last 6 years, we have been able to produce a
significant number of bills on a bipartisan basis. In all but one year,
the Labor-HHS Education bill has not been one of those bills. That has
not been the fault of the distinguished gentleman and my good friend
the gentleman from Illinois (Mr. Porter), the subcommittee chairman.
Nor has it been the fault of the gentleman from Florida (Mr. Young) or
his predecessor as full committee chair, Bob Livingston. They have
struggled in the best traditions of this committee to reach across the
aisle and to build the broadest possible consensus for each bill. But
because of the restrictions placed on them by the Committee on the
Budget and their leadership, their efforts have not often succeeded in
my judgment.
This bill has been a poster child on how not to run a legislative
body. And, in fact, in this process, a Member of the majority side of
the aisle earlier correctly noted that there are dozens of items in
this bill that have nothing whatsoever to do with the appropriations
bill.
In fact, there are well over a hundred different authorizations that
are being added to this bill by reference. We did not negotiate those
items. We are not responsible for them. All we can try to do with our
limited staff is to try to make certain that they were not supremely
objectionable to this or that faction in the House. And I have to say
that this is a spectacular example of how not to run a railroad.
This year has been especially frustrating to those of us who would
like to see some of the most critical functions of Government funded on
a bipartisan consensus. And the fact is that for 9 months of this year
the deliberations of this committee were wasted on phoney budget
resolutions that held funding for education, held research, worker
protection and other critical programs in this bill at virtually last
year's funding level with no adjustment for inflation, with no
recognition of the new challenges facing this country and yet the
majority passed the bill.
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The Senate recognized that was an unrealistic package when they
passed a bill somewhat more in line with the Nation's needs. In
October, we reached a bipartisan agreement that in my view met the
needs of a changing and growing country, but then that bill was blocked
from coming to the floor by the majority party leadership. Both parties
then went out and campaigned for the education and the health and
worker protection programs that were in this bill. But after the
election, the majority party leaders then demanded that this bill be
cut by more than $3.7 billion before it could be brought back to the
floor. That is a demand they did not make of the interior bill that was
almost 15 percent above last year, or the transportation bill that was
similarly way above last year, and also a bill such as the energy and
water bill which was substantially above last year.
To get an agreement in the last week, we had to cut $3.7 billion from
the earlier agreement, we had to take $1.4 billion from advance funding
for LIHEAP, we had to take $257 million
[[Page H12445]]
out of handicapped education, $127 million out of efforts to reduce
class size, $180 million out of after-school programs and $200 million
out of biomedical research. I dislike all of those cuts and would point
out that they were unnecessary both in terms of meeting the budget
limits that Congress imposed on itself in October and they were
unnecessary in terms of passing this bill.
But nonetheless, even with these changes, I will support this bill
for two reasons: one, because I have in essence a ministerial duty to
do so. Sooner or later we have to resolve our differences and this is
the day; and, secondly, I think there are other good reasons to vote
for this bill. It now provides funding on a program basis that is
nearly 15 percent higher than last year for critical education and
health programs. Some people are alarmed by that. I am delighted by it.
The overall increase in education in this bill is 18 percent. It is a
major step forward in providing local schools with the kind of
resources that will facilitate the kind of change and improvement in
our schools that the American people are anxious to see.
Class size reduction efforts are increased 25 percent. Teacher
quality efforts are increased 50 percent. School renovation is funded
at a $1.2 billion level. For Pell grants, and I think this is perhaps
the most important issue in the area of higher education in this bill,
we have the biggest increase in 25 years, the Pell grant going from a
maximum grant of $3,300 to $3,750. To the very deep regret of our
friend, the gentleman from Illinois (Mr. Porter), we did not provide
the 15 percent increase for NIH that we had hoped to see. We provided
almost that much, about 14 percent; and I am hopeful we will ultimately
see our efforts against disease doubled within the 5-year time frame
that will end in fiscal 2003.
The most troubling cut in this bill for many Members on this side of
the aisle is the advance funding for the low-income fuel assistance
program which I just mentioned. Members need to recognize, however,
that fuel assistance is funded for the current year not only at the
full level provided last year, not only at the request, but at $300
million above the request. I am convinced that will not be enough,
given current energy price increases and long-term weather forecasts;
but it is 25 percent more than would be available if we had to go to a
continuing resolution. The deletion of that advance funding is
unfortunate. It carries with it certain risks that I am uncomfortable
about. It does not give State and local governments as much assurance
about program levels for next year as would be desirable for planning
purposes. It does not assure that all of the money will be allocated
next fall before cold weather hits. But we have in the statement of the
managers very firm commitments to work to overcome those problems, and
I intend to see that the leadership in Congress and the new President
will keep those commitments.
I would also note that there were over 400 authorizations which one
party or another attempted to add to this bill. We rejected almost 300
of them. And of those that are in the bill, you will have to talk to
the authorizing committees to get a balanced evaluation, because they
largely negotiated them. I have just one additional statement to make.
I love this institution. I respect every Member in it. I love what it
can do when it is at its best in doing things that are needed to help
the people we represent, but I honestly do believe that the way this
bill was produced is a model of how not to proceed in the future. But
in the end finally it has produced an honest product with honest
numbers. I think it makes a significant advance forward in meeting the
needs that it is supposed to meet.
Mr. Speaker, I reserve the balance of my time.
The SPEAKER pro tempore (Mr. Pease). Without objection, the time
allocated to the gentleman from Florida (Mr. Young) will be controlled
by the gentleman from Illinois (Mr. Porter).
There was no objection.
Mr. PORTER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am sorry that the gentleman from Pennsylvania, who
earlier had reserved the right to object and then criticized the bill,
might have stayed on the floor because I am directing this portion of
my remarks to him. In early 1988, Ronald Reagan came to the floor of
this House to give his State of the Union address and slammed down on
the Clerk's desk a bill that was probably twice the size of the one
that is sitting there right now. It was an omnibus bill that had been
passed about this time of year in 1987. President Reagan said, ``Never
again.'' In his remarks to the Congress at that time, he lifted words
out of a letter that I had written with 147 Members of the House of
Representatives saying that this is not the way we ought to do the
House's business.
Very frankly, the gentleman from Pennsylvania is correct. Omnibus
bills are never a proper way to legislate. But let me say to the
gentleman that the Labor, Health and Human Services and Education
appropriation bill was conferenced. We completed the conference on July
27. Appropriators would have brought that measure to the floor right
away. Yes, it might have been vetoed by the President, it probably
would have been, but we would have started those negotiations with the
White House long ago and would have completed them presumably before
the end of the fiscal year. We do not support delay in the
consideration of this conference report. This is an idea that comes
from outside the appropriations process.
I would say to the gentleman, if he were here, one other thing. It
echoes the words that my colleague from Wisconsin mentioned a moment
ago. We must have, early in the legislative process, a budget
resolution adopted on a bipartisan basis. The White House needs to be
on board. The Republicans in the Congress of both Houses need to be on
board. The Democrats need to be on board, we must have an agreed
number. We need not have all the detail. All we need is two lines: one
that defines total spending for the government and one that defines
total discretionary spending. That is all we need. Appropriators can
then get started.
If you do not have an agreed bipartisan budget resolution early in
the process, you have no fiscal discipline. That is exactly what we had
this year and in several past fiscal years--no fiscal discipline. We
need to get such direction early. We need to get an agreement. We need
to make the allocations between the Senate and the House appropriations
subcommittees early in the process. Once that is accomplished we can
achieve fiscal discipline. You do not end up with these kind of bills
done where, he is right, nobody knows quite everything that is in it.
I would add one other thing. Many things that are in this measure
were well known on July 27. There are some changes in the appropriation
numbers since that time, but they have been available to all Members.
Most of the changes that are in the document sitting on the desk have
occurred because authorizing measures have been added to the bill. Most
of the delay all day yesterday and all day today have come not from
appropriation matters but from authorizing matters that should have
been dealt with long ago.
I would say to the gentleman, he is on the right track. I commend to
him Ronald Reagan's statement. I commend to all Members that statement.
We need to do these things on a bipartisan basis, and let appropriators
get their work done with some fiscal discipline involved.
Mr. Speaker, I reserve the balance of my time.
Mr. OBEY. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Mrs. Capps).
Mrs. CAPPS. Mr. Speaker, I rise in support of this legislation.
Included in this bill is a waiver of Medicare's 24-month waiting period
for persons disabled by ALS, Lou Gehrig's Disease. This terrible
disease leaves its victims totally unable to care for themselves.
Tragically, their life expectancy is often less than the waiting period
itself. Medicare coverage will ease their suffering and provide support
for their families and friends. This provision comes from a bill
authored by my husband, Walter Capps, which I reintroduced and which
now has 282 House cosponsors. I want to thank these cosponsors.
While recovering from a car accident, Walter received his physical
rehab with a friend suffering from ALS, Tom Rogers. Towards the end of
the rehab, Tom arrived one day with a pair of tennis
[[Page H12446]]
shoes. He gave them to Walter saying he had no further use for them, he
was now confined to a wheelchair. Walter wore these shoes throughout
his campaign for this House. He never forgot the struggle that is Tom's
and thousands of other ALS victims.
This victory today is for ALS patients and their families who built
support for our bill.
Mr. PORTER. Mr. Speaker, I am pleased to yield 1 minute to the
gentleman from Kentucky (Mr. Rogers), the chairman of the Subcommittee
on Commerce, Justice, State and Judiciary.
(Mr. ROGERS asked and was given permission to revise and extend his
remarks, and include extraneous material.)
Mr. ROGERS. Mr. Speaker, I submit the following material that updates
the statement of the managers to accompany the Commerce, Justice, State
Appropriations Act for fiscal year 2001 to reflect changes made by the
pending bill and other minor technical corrections. It has the support
of my good friend, our ranking member, the gentleman from New York (Mr.
Serrano). This matter should be used to determine questions of intent
with respect to our bill.
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS
Following is explanatory language on H.R. 5548, as
introduced on October 25, 2000, and subsequent amendments.
The conferees on H.R. 4942 agree with the matter included
in H.R. 5548 and enacted in this conference report by
reference and the following description of it. The bill was
developed through negotiations by subcommittee members of the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Subcommittees of the House and Senate on
the differences in the House passed and Senate reported
versions of H.R. 4690. References in the following
description to the ``conference agreement'' mean the matter
included in the introduced bill enacted by this conference
report, and subsequent amendments. References to the House
bill mean the House passed version of H.R. 4690. References
to the Senate reported amendment mean the Senate reported
version of H.R. 4690.
The House passed H.R. 4690 on June 26, 2000. The Senate
reported from Committee a Senate amendment to H.R. 4690 on
July 21, 2000. References in the following statement to
appropriations amounts or other items proposed by the House
bill or the Senate-reported amendment refer only to those
amounts and items recommended in the House-passed and Senate-
reported versions of H.R. 4690. Any reference to
appropriations amounts or other items included in the
conference agreement reflects the final agreement on H.R.
4690. This statement reflects how the funds provided in the
conference agreement are to be spent.
Senate-reported amendment: The Senate Appropriations
Committee considered H.R. 4690 as passed by the House, struck
all after the enacting clause, and inserted the text of the
Senate-reported amendment. The conference agreement includes
a revised bill.
TITLE I--DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The conference agreement includes $88,713,000 for General
Administration, instead of $83,713,000 as proposed in the
Senate-reported amendment and $84,177,000 as proposed in the
House bill.
The conference agreement adopts by reference the House
report language regarding budget ``shortfalls'' and racial
disparities in Federal capital prosecutions.
The conference agreement includes a $5,000,000 transfer
from the Immigration and Naturalization Service Salaries and
Expenses account to continue the planned integration of the
Immigration and Naturalization Service (INS) IDENT system and
the Federal Bureau of Investigation (FBI) IAFIS system.
The conference agreement includes a $5,000,000 increase for
the Office of Intelligence Policy and Review for Foreign
Intelligence Surveillance Act applications.
The conference agreement includes bill language contained
in the House bill specifying the amount of funding provided
for the Department Leadership Program and the Offices of
Legislative and Public Affairs.
JOINT AUTOMATED BOOKING SYSTEM
The conference agreement includes $15,915,000 for the Joint
Automated Booking System (JABS) program as proposed in the
Senate-reported amendment, instead of $1,800,000 as proposed
in the House bill.
NARROWBAND COMMUNICATIONS
The conference agreement includes $205,000,000 for
narrowband communications conversion activities as proposed
in the Senate-reported amendment, instead of $95,445,000 as
proposed in the House bill. The conference agreement provides
funding necessary to continue implementation of the
Department of Justice Wireless Network (JWN), and for
operations and maintenance of legacy systems. The Wireless
Management Office (WMO) is directed to submit quarterly
status reports on implementation of the JWN, with the first
such report due no later than February 15, 2001.
The conference agreement deletes a citation included in the
House bill but not included in the Senate-reported amendment.
COUNTERTERRORISM FUND
The conference agreement includes $5,000,000 for the
Counterterrorism Fund as proposed in the Senate-reported
amendment, instead of $10,000,000 as proposed in the House
bill. When combined with $32,844,150 in prior year carryover,
a total of $37,844,150 will be available in the Fund in
fiscal year 2001 to cover unanticipated, extraordinary
expenses incurred as a result of a terrorist threat or
incident.
The conference agreement retains language, included in the
House bill and carried in previous Acts, authorizing the
Attorney General to make expenditures from the fund, subject
to section 605 of this Act. The Senate-reported amendment
proposed to give this authority to a new Deputy Attorney
General.
TELECOMMUNICATIONS CARRIER COMPLIANCE FUND
The conference agreement includes $201,420,000 for the
Telecommunications Carrier Compliance program for
implementation of the Communications Assistance for Law
Enforcement Act of 1994 (CALEA), instead of $278,021,000 as
proposed in the House bill. The Senate-reported amendment did
not include funding for this activity. This amount, when
combined with funds previously made available, will provide
the full $500,000,000 authorized and required to implement
CALEA.
The conference agreement concurs with the direction in the
House report that the Department and the Federal Bureau of
Investigation (FBI) are to remain focused on the timely
implementation of CALEA, and have therefore included
$17,300,000 within the FBI Salaries and Expenses account for
CALEA implementation. The Department of Justice is directed
to submit a reorganization proposal no later than November
15, 2000, to ensure coordination of CALEA implementation and
other related electronic surveillance issues.
ADMINISTRATIVE REVIEW AND APPEALS
The conference agreement includes $161,062,000 for
Administrative Review and Appeals, instead of $159,570,000 as
proposed in the House bill and $112,814,000 as proposed in
the Senate-reported amendment. Of the total amount provided,
$159,335,000 is for the Executive Office for Immigration
Review (EOIR) and $1,727,000 is for the Office of the Pardon
Attorney.
The conference agreement includes $9,566,000 for
adjustments to base, and $3,000,000, 37 positions and 19
full-time equivalent workyears (FTE) to address the increased
Immigration Judge and appellate caseload. In addition, EOIR
is directed to provide such sums as necessary for point-to-
point installation of video-conferencing equipment in
accordance with EOIR's plan and the Senate report. The
conference agreement also includes direction under the INS
Examinations Fees account regarding continued support for
contract court interpreter services.
DETENTION TRUSTEE
The conference agreement includes $1,000,000 to establish a
new Federal Detention Trustee within the Department of
Justice as proposed in the House bill. The Senate-reported
amendment did not address this matter. The conference
agreement reflects the concerns expressed in the House report
regarding the planning and management of detention space in
the Department of Justice. Therefore, the direction included
in the House report regarding the authorities and duties of
this new Trustee, and the establishment of regional pilot
projects to test better mechanisms for addressing detention
needs, is adopted by reference. Further, the Department of
Justice is expected to consolidate all detention resources
under the Trustee as part of the fiscal year 2002 budget
submission.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $41,575,000 for the
Office of Inspector General (OIG) instead of $41,825,000 as
proposed in the House bill and $42,192,000 as proposed in the
Senate-reported amendment. The conference agreement also
assumes that $1,500,000 in INS fees will be available to the
OIG.
The conference agreement directs the Department of Justice
to review its procedures for releasing OIG investigatory
material and findings and inform the Committees on
Appropriations by June 1, 2001, if any procedures should be
modified.
The OIG is directed to submit future budget requests
separating OIG Leadership Offices and OIG Operational
Offices. The OIG Leadership Offices decision unit should
include the following: the Inspector General, the Deputy
Inspector General, the Counselor to the Inspector General,
the Special Counsel, and the Special Investigations and
Review Unit. The Operational Offices decision unit should
include the following offices: the Audit Division, the
Investigations Division, the Inspections Division, and the
Management and Planning Division.
The conference agreement directs that the OIG submit a
detailed financial plan to the Committees on Appropriations
by December 1, 2000.
United States Parole Commission
SALARIES AND EXPENSES
The conference agreement includes $8,855,000 for the U.S.
Parole Commission, as
[[Page H12447]]
proposed in the House bill, instead of the $7,380,000 as
proposed in the Senate-reported amendment. The conference
agreement adopts by reference the recommendation in the
Senate report on detailing attorneys.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The conference agreement includes $535,771,000 for General
Legal Activities, instead of $523,228,000 as proposed in the
House bill, and $494,310,000 as proposed in the Senate-
reported amendment.
The recommendation includes base adjustments for all
divisions, but does not include an undefined base
restoration. The distribution of funding provided is as
follows:
Office of the Solicitor General..............................$7,118,000
Tax Division.................................................70,991,000
Criminal Division...........................................110,851,000
Civil Division..............................................154,092,000
Environment and Natural Resources............................68,703,000
Office of Legal Counsel.......................................4,967,000
Civil Rights Division........................................92,166,000
Interpol--USNCB...............................................7,686,000
Legal Activities Office Automation...........................18,877,000
Office of Dispute Resolution....................................320,000
________________
Total...................................................535,771,000
The conference agreement includes a $3,000,000 increase for
the Civil Rights Division, including funding for civil
enforcement for police misconduct, and other highest priority
initiatives.
The conference agreement provides $18,877,000 to remain
available until expended for office automation costs as
proposed in the House bill, instead of $18,571,000 as
proposed in the Senate-reported amendment. The conference
agreement adopts language included in the Senate-reported
amendment which limits the use of these funds to automation
costs and allows such funds to be used for the United States
Trustees Program. The conference agreement adopts by
reference the Senate report language regarding the Office of
Special Investigations, and the House report language
regarding extradition reporting and extradition treaties.
THE NATIONAL CHILDHOOD VACCINE INJURY ACT
The conference agreement includes a reimbursement of
$4,028,000 for fiscal year 2001 from the Vaccine Injury
Compensation Trust Fund to the Department of Justice, as
proposed in the House bill and the Senate-reported amendment.
SALARIES AND EXPENSES, ANTITRUST DIVISION
The conference agreement provides $120,838,000 for the
Antitrust Division as proposed in the Senate-reported
amendment, instead of $113,269,000 as proposed in the House
bill. The conference agreement assumes that of the amount
provided, $95,838,000 will be derived from current year fee
collections and $25,000,000 from estimated unobligated fee
collections available from prior years, resulting in a net
direct appropriation of $0. The use of any remaining
unobligated fees balances from prior years is subject to the
reprogramming requirements outlined in section 605 of this
Act.
Appropriations for both the Division and the Federal Trade
Commission are financed with Hart-Scott-Rodino Act pre-merger
filing fees. Section 630 of this Act modifies the Hart-Scott-
Rodino Act to include a three-tiered fee structure that
increases the filing threshold for a merger transaction from
$15,000,000 to $50,000,000. It is anticipated that the
increase in the filing threshold will reduce the number of
mergers requiring review by approximately 50 percent.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The conference agreement includes $1,250,382,000 for the
U.S. Attorneys, instead of $1,247,416,000 as proposed in the
House bill, and $1,159,014,000 as proposed in the Senate-
reported amendment. The following narrative reflects how the
funds provided in the conference agreement are to be spent.
The conference agreement provides a net increase of
$59,896,000 for pay and inflationary adjustments to enable
the U.S. Attorneys to maintain the current operating level.
The conference agreement does not include $7,425,000
requested as base adjustments to substitute direct
appropriations for activities previously supported from the
Health Care Fraud and Abuse Control (HCFAC) account. The
Department of Justice is directed to continue to provide
funding for not less than 177 positions and 177 FTE to the
U.S. Attorneys from the HCFAC account to support health care
fraud activities.
The conference agreement also includes the following
program increases:
Firearms Prosecutions.--$15,259,000, 163 positions and 82
FTE, including 113 attorneys, to augment prosecutions under
existing firearms statutes. This amount, when combined with
base resources of $7,125,000, will provide a total of
$22,384,000 for intensive firearms prosecution projects. The
direction included in the House report regarding the criteria
and process for allocation of these funds is adopted by
reference. Further, the Executive Office of U.S. Attorneys is
directed not to set aside any portion of these funds for
headquarters priorities, but rather is to allocate these
funds in accordance with the priorities identified by the
local districts which will result in a direct increase in
prosecutions under existing gun laws. In addition, the
conference agreement adopts the Senate direction requiring
the annualization of funds provided in fiscal year 2000 for
firearms prosecutions, and the reporting requirement
regarding panel attorney costs.
Cyber Crime and Intellectual Property.--$3,974,000, 50
positions and 25 FTE, including 28 attorneys, to augment the
investigation and prosecution of computer and intellectual
property crimes, including crimes identified in the No
Electronic Theft (NET) Act, the National Information
Infrastructure Assurance Act, and the Economic Espionage Act.
The direction included in the Senate report regarding
submission of a report on copyright enforcement is adopted by
reference.
Immigration.--$1,974,000, 24 positions and 12 FTE,
including 13 attorneys, to address the growing criminal
immigration caseload along the Southwest Border, with
particular emphasis to be placed on prosecutions of
individuals involved in alien smuggling, document fraud, and
illegal aliens with multiple deportations. The conference
agreement adopts by reference the direction included in the
House report regarding submission of a spending plan for
these resources.
Indian Country.--$5,000,000, 60 positions and 30 FTE,
including 33 attorneys, to enhance Federal investigation and
prosecution activities in Indian Country to meet Federal
statutory responsibilities related to Indian Country.
Legal Education.--$2,300,000 to continue establishment of a
distance learning facility at the National Advocacy Center
(NAC). This amount, when combined with $15,316,000 in base
resources, provides a total of $17,616,000 under this account
for legal education at the National Advocacy Center (NAC).
These funds are to be spent in accordance with the direction
included in the Senate report.
Within the total amount available to the U.S. Attorneys,
the conference agreement includes $2,612,000 for technology
demonstration projects, and adopts by reference the direction
included in the Senate report regarding distribution of these
resources. In addition, $1,000,000 is included from within
base resources to continue a violent crime task force
demonstration project, as proposed in the Senate-reported
amendment. The conference agreement also adopts by reference
the direction included in the House and Senate reports
regarding the unstaffed offices report, as well as the
direction included in the Senate report regarding an office
in Western Kentucky. In addition, the Senate report language
regarding property flipping, computer network privatization,
and a fiscal year 1995 quarterly reporting requirement are
adopted by reference.
The conference agreement does not adopt the recommendations
included in the Senate report regarding the reallocation of
existing staffing to the Southwest border and within the
Missouri River Valley, spending freezes among object
classifications, elimination of base funds for office
relocations, limitations on expansion of gun prosecution
initiatives, or pre-trial sentencing guidelines.
In addition to identical provisions that were included in
both the House bill and Senate-reported amendment, the
conference agreement includes the following provisions: (1)
providing for 9,439 positions and 9,557 workyears for the
U.S. Attorneys, instead of 9,381 positions and 9,529
workyears as proposed in the House bill, and 9,120 positions
and 9,398 workyears as proposed in the Senate-reported
amendment; (2) allowing not to exceed $2,500,000 for the
National Advocacy Center as proposed in the Senate-reported
amendment; and (3) providing $1,000,000 for violent crime
task forces to remain available until expended as proposed in
the Senate-reported amendment. The conference agreement does
not include language proposed in the Senate bill withholding
50 percent of funds available to U.S. Attorneys until the
Attorney General establishes certain rules and penalties in
accordance with the Senate version of the fiscal year 2000
appropriations bill.
UNITED STATES TRUSTEE SYSTEM FUND
The conference agreement provides $125,997,000 for the U.S.
Trustees for fiscal year 2001, to be entirely funded from
offsetting collections, instead of $126,242,000 proposed in
the House bill and $127,212,000 proposed in the Senate-
reported amendment. The conference agreement does not provide
amounts the budget request assumed would carry forward to
fiscal year 2002. The conference agreement adopts by
reference the Senate report language on the National Advocacy
Center (NAC). The conference agreement also adopts House
report language on the reprogramming of offsetting
collections.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The conference agreement provides $1,107,000 for the
Foreign Claims Settlement Commission, instead of $1,000,000
as proposed in the House bill and $1,214,000 as proposed in
the Senate-reported amendment.
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
The conference agreement includes $572,695,000 for the U.S.
Marshals Service Salaries and Expenses account, instead of
$560,438,000 as proposed in the House bill and $550,472,000
as proposed in the Senate-reported amendment. The following
narrative reflects how the funds provided in the conference
agreement are to be spent.
The amount included in the conference agreement includes a
$4,713,000 net increase in base adjustments, as follows:
$19,774,000 for pay and inflationary increases, offset by
[[Page H12448]]
decreases of $4,852,000 for one-time equipment purchases and
$10,209,000 from the transfer of the Seized Assets Management
Program to the Assets Forfeiture Fund. Within the amount
provided, a total of $1,735,000 is included for the Warrant
Information Network and other networks and on-line services,
and $725,000 is for recurring costs of the Electronic
Surveillance Unit as directed in the Senate report. The
conference agreement does not adopt the recommendation
included in the Senate-reported amendment to transfer funding
from this account for U.S. Marshals Service costs associated
with the Justice Prisoner Alien Transportation System
(JPATS), but instead provides $25,503,000 for U.S. Marshals
Service requirements under this account.
In addition, the conference agreement includes $27,389,000
in program increases for the following:
Courthouse Security Staffing and Equipment.--$21,211,000,
for courthouse security personnel and equipment. Of this
amount, $6,711,000, 89 positions and 45 FTE are provided for
courthouse security personnel at new and expanded courthouses
expected to open in fiscal year 2001. Language included in
the House report regarding the submission of a spending plan
and allocation of resources in excess of requirements is
adopted by reference.
In addition, $14,500,000 is provided for courthouse
security equipment, as follows:
USMS Courthouse Security Equipment
[In thousands of dollars]
New Courthouses.................................................$8,173
Las Vegas, NV.................................................(1,023)
Cleveland, OH.................................................(1,012)
Columbia, SC..................................................(1,122)
Greenville, TN..................................................(353)
Corpus Christi, TX............................................(1,078)
Laredo, TX......................................................(989)
Providence, RI..................................................(920)
Helena, MT......................................................(658)
Wheeling, WV....................................................(245)
Denver, CO......................................................(773)
Other Security Requirements......................................5,684
Nationwide Equipment Maintenance Requirement.......................643
________________
Total, USMS Security Equipment..............................14,500
The Marshals Service is directed to use the $5,684,000
provided for Other Security Requirements to address the
highest priority security equipment needs for existing
courthouses and new courthouses with the greatest
deficiencies, and to submit a spending plan for these funds
no later than December 1, 2000.
Electronic Surveillance Unit.--$3,150,000, and up to 6
positions and 3 FTE, for personnel and equipment for the
Electronic Surveillance Unit.
Special Assignments.--$2,500,000 for security at high
threat and/or high profile trials and for protective details
for judicial personnel involved in these trials, including
the World Trade Center bombing trial. The Marshals Service is
directed to annualize this increase in fiscal year 2002.
Concerns have been expressed regarding the exclusion of the
Marshals Service from the threat assessment and decision-
making process regarding certain special and other protective
assignments. In addition, the level of protection at Federal
facilities by the General Services Administration (GSA) is
inadequate relative to the amount the Marshals Service and
other agencies are charged by GSA for these services. The
Department is directed to report to the Committees on
Appropriations no later than December 15, 2000, on the role
afforded to the Marshals Service in the threat assessment and
decision-making process for special and other protective
assignments, and to provide recommendations to augment the
Marshals Service's role in this activity. Further, the
Department is directed to provide a report on the adequacy of
support provided by GSA for facility protection, relative to
the amount GSA is charging for these services.
Financial Management.--$378,000, 8 positions and 4 FTE to
improve financial management.
Cost Saving Initiatives.--$150,000 for implementation and
support of a variety of cost saving initiatives as directed
in the Senate report. Should additional funds become
available through savings achieved, the Marshals Service may
use those funds for additional staff only in accordance with
Section 605 of this Act.
The conference agreement adopts by reference the concerns
expressed in the Senate report regarding the Special
Operations Group (SOG) and directs the Marshals Service to
provide a report to the Committees on Appropriations no later
than January 15, 2001, on the utilization of the SOG, as well
as the resource requirements necessary to ensure that the SOG
can fulfill its intended mission.
The conference agreement includes language providing not to
exceed 4,034 positions and 3,895 FTE for the Marshals
Service, instead of 4,168 positions and 3,892 FTE as proposed
in the House bill. The Senate-reported amendment did not
include a similar provision. The conference agreement does
not include a provision proposed in the Senate-reported
amendment prohibiting the Marshals Service from providing a
protective vehicle for the Director of the Office of National
Drug Control Policy (ONDCP) unless certain conditions are
met. A similar provision was not included in the House bill.
However, the Marshals Service is directed to provide a report
to the Committees on Appropriations no later than January 15,
2001, on the usage of a protective vehicle by the Director of
ONDCP.
CONSTRUCTION
The conference agreement includes $18,128,000 in direct
appropriations for the U.S. Marshals Service Construction
account, instead of $6,000,000 as proposed in the House bill,
and $25,100,000 as proposed in the Senate-reported amendment.
The conference agreement includes the following distribution
of funds:
USMS Construction
[In thousands of dollars]
Birmingham, AL.....................................................$472
Fort Smith, AR......................................................400
Hartford, CT........................................................200
Wilmington, DE......................................................100
Bowling Green, KY...................................................300
Boston, MA..........................................................650
Ann Arbor, MI.......................................................200
Detroit, MI.........................................................650
Wilmington, NC......................................................775
Buffalo, NY.........................................................150
Tulsa, OK...........................................................300
Philadelphia, PA....................................................400
Hato Rey, PR........................................................793
Spartanburg, SC...................................................1,441
Greenville, MS....................................................1,187
Other Renovation Projects.........................................9,500
Security Specialists/Construction Engineers.........................610
________
Total, Construction..........................................18,128
The Marshals Service is directed to use the $9,500,000
provided for Other Renovation Projects for the highest
priority security construction needs in locations with a
security score of 50 or less, and to submit a spending plan
for these funds no later than December 1, 2000.
JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM FUND
The conference agreement includes language, as proposed in
the House bill, to continue the operations of JPATS on a
revolving fund basis through reimbursements from
participating agencies, instead of through a direct
appropriation under this account as proposed in the Senate-
reported amendment. The conference agreement does include a
direct appropriation of $13,500,000 for a one-time
capitalization of the Fund to procure two Sabreliner-class
aircraft as proposed in the Senate-reported amendment.
FEDERAL PRISONER DETENTION
The conference agreement provides $597,402,000 for Federal
Prisoner Detention as proposed in both the House bill and the
budget request, instead of $539,022,000 as proposed in the
Senate-reported amendment, an increase of $72,402,000 over
the fiscal year 2000 direct appropriation. The increase has
been provided as follows: (1) $63,180,000 is for increased
jail days; (2) $675,000 is for increased medical costs; and
(3) $500,000 is for prisoner medical guard services.
The conference agreement does not include language in this
section proposed in both the House bill and Senate-reported
amendment regarding contracts with private entities for the
confinement of Federal detainees, but instead addresses this
matter as a new general provision under Title I of this Act.
Language is included, as proposed in the House bill,
permanently making available amounts appropriated under this
account to be used to reimburse the Federal Bureau of Prisons
for certain costs associated with providing medical care to
certain pre-trial and pre-sentenced detainees. The Senate-
reported amendment addressed this matter elsewhere under
Title I of this Act.
FEES AND EXPENSES OF WITNESSES
The conference agreement includes $125,573,000 for Fees and
Expenses of Witnesses, instead of $95,000,000 as proposed in
the House bill, and $156,145,000 as proposed in the Senate-
reported amendment.
Language is included allowing not to exceed $5,000,000 to
be made available for secure telecommunications equipment and
networks related to protected witnesses, as proposed in the
House bill. The conference agreement does not include a
provision allowing up to $77,067,000 to be transferred from
this account to the Federal Prisoner Detention account as
proposed in the Senate-reported amendment.
COMMUNITY RELATIONS SERVICE
The conference agreement includes $8,475,000 for the
Community Relations Service as proposed in the Senate-
reported amendment, instead of $7,479,000 as proposed in the
House bill. The conference agreement adopts the funding
increases provided in the Senate report. In addition, the
conference agreement includes a provision allowing the
Attorney General to transfer up to $1,000,000 of funds
available to the Department of Justice to this program, as
proposed in the House bill. The Attorney General is expected
to report to the Committees on Appropriations of the House
and Senate if this transfer authority is exercised. In
addition, a provision is included allowing the Attorney
General to transfer additional resources, subject to
reprogramming procedures, upon a determination that emergent
circumstances warrant additional funding, as proposed in both
the House bill and the Senate-reported amendment.
ASSETS FORFEITURE FUND
The conference agreement provides $23,000,000 for the
Assets Forfeiture Fund as proposed in Senate-reported
amendment, instead of no funding as proposed in the House
bill.
[[Page H12449]]
Radiation Exposure Compensation
ADMINISTRATIVE EXPENSES
The conference agreement includes $2,000,000 for
administrative expenses for fiscal year 2001, the full amount
requested and the same amount proposed in both the House bill
and the Senate-reported amendment. The conference agreement
adopts the bill language in the House bill.
PAYMENT TO RADIATION COMPENSATION EXPOSURE TRUST FUND
The conference agreement provides $10,800,000 for the
compensation trust fund, instead of $3,200,000 provided in
the House bill and $14,400,000 in the Senate-reported
amendment. The conference agreement includes bill language
from the Senate-reported amendment allowing claimants who
qualify under the original statute to be paid and does not
provide funding for the expansion of the program authorized
under Public Law 106-245.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The conference agreement provides a total of $328,898,000
for Interagency Crime and Drug Enforcement as proposed in the
House bill, of which $325,898,000 is derived from direct
appropriations, and $3,000,000 is from prior year carryover.
The House bill included $328,898,000 in direct
appropriations, while the Senate-reported amendment proposed
$316,792,000. The distribution of the total available funding
is as follows:
Reimbursements by Agency
[In thousands of dollars]
Drug Enforcement Administration................................$108,190
Federal Bureau of Investigation.................................112,468
Immigration and Naturalization Service...........................15,808
Marshals Service..................................................1,984
U.S. Attorneys...................................................86,582
Criminal Division...................................................814
Tax Division......................................................1,380
Administrative Office.............................................1,672
__________
Total.......................................................328,898
The conferees note that the report requested in fiscal year
2000 has not yet been delivered to the Committees on
Appropriations.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The conference agreement includes a total of $3,235,600,000
for the Federal Bureau of Investigation (FBI) Salaries and
Expenses account, instead of $3,229,505,000 as proposed in
the House bill, and $3,077,581,000 as recommended in the
Senate-reported amendment. Of this amount, the conference
agreement provides that not less than $437,650,000 shall be
used for counterterrorism investigations, foreign
counterintelligence, and other activities related to national
security, instead of $400,650,000 as proposed in the Senate-
reported amendment, and $159,223,000 as proposed in the House
bill. The following narrative reflects how the funds provided
in the conference agreement are to be spent.
The conference agreement includes a net increase of
$136,080,000 for adjustments to base as follows: increases
totaling $137,219,000 for pay and inflationary increases,
including $27,711,000 for increased costs associated with the
transfer of Civil Service Retirement System (CSRS) employees
to the Federal Employee Retirement System (FERS), increased
Federal health insurance premium costs, and continued direct
funding for the National Instant Check System; offset by
decreases totaling $1,139,000 for non-recurring equipment
purchases.
The conference agreement adopts the concerns and direction
included in the House report regarding the FBI's inability to
execute its budget within the funding levels provided. The
conference agreement provides the full amount requested for
base adjustments to support the FBI's current staffing and
operating level as reflected in the budget request. The
conference agreement also includes a provision that
identifies the funded position and FTE levels provided in the
bill, which are consistent with the full base funding
requested and program increases provided in the conference
agreement. The FBI is directed to continue to provide
quarterly reports to the Committees on Appropriations which
delineate by direct and reimbursable the funded and actual
agent and non-agent staffing level for each decision unit,
with the first report to be provided no later than January
15, 2001.
The following distribution represents the conference
agreement:
FBI SALARIES AND EXPENSES, FISCAL YEAR 2001
[In thousands of dollars]
------------------------------------------------------------------------
Activity Pos. FTE Amount
------------------------------------------------------------------------
Criminal, Security and Other
Investigations:
Organized Criminal Enterprises........ 3,984 3,993 450,678
White Collar Crime.................... 4,284 4,184 483,273
Other Field Programs.................. 10,551 10,304 1,307,024
-----------------------------
Subtotal............................ 18,819 18,481 2,240,975
=============================
Law Enforcement Support:
Training, Recruitment, and Applicant.. 1,003 984 120,454
Forensic Services..................... 692 680 156,004
Information, Management, Automation & 569 562 166,121
Telecommunications...................
Technical Field Support & Services.... 232 229 141,642
Criminal Justice Services............. 2,171 2,182 216,957
-----------------------------
Subtotal............................ 4,667 4,637 801,178
Program Direction: Management and 2,083 2,024 193,447
Administration...........................
=============================
Total, Direct Appropriations........ 25,569 25,142 3,235,600
------------------------------------------------------------------------
The FBI is reminded that changes in this distribution are
subject to the reprogramming requirements in section 605 of
this Act.
In addition, the conference agreement includes a total of
$59,712,000 in program enhancements for the FBI, of which
$58,348,000 is for initiatives to enhance the FBI's ability
to investigate threats related to domestic terrorism and
cyber crime, as follows:
$25,000,000 is for Digital Storm and digital collection for
foreigh counter-intelligence. The FBI is directed to provide
a spending plan to the Committees on Appropriations, no later
than December 15, 2000, for Digital Storm.
$2,000,000 is for Joint Terrorism Task Forces. The FBI is
directed to provide a report and spending plan to the
Committees on Appropriations, no later than December 15,
2000, on this program.
$10,000,000 is for intelligence gathering and analysis, of
which $1,305,000 (24 positions and 12 FTE) is for FISA
preparation; $5,606,000 is for contract translation services;
and $3,089,000 (55 positions and 28 FTE) is for intelligence
research specialists. The conference agreement does not adopt
the recommendation included in the Senate report to require
the conversion of special agents to 55 intelligence research
specialists. While the conference agreement does provide an
enhancement for this activity, the FBI is directed to use
attrition to convert support positions to intelligence
research specialist positions to meet additional requirements
in this area.
$20,000,000 is for other activities, of which the FBI may
spend up to $1,364,000 for National Integrated Ballistics
Network (NIBIN) Connectivity; $3,700,000 (26 positions and 13
FTE) for a counterintelligence initiative; $3,936,000 for the
Automated Computer Examination System (ACES) and Computer
Analysis and Response Team equipment; $5,500,000 for the
Special Technologies and Applications Unit; and $5,500,000
for Digital Storm. Should the FBI require additional
resources to address personnel requirements, the Committees
would be willing to entertain a reprogramming under Section
605 from funding provided for these enhancements.
$612,000 (8 positions and 4 workyears, including 2 agents)
is for the Intellectual Property Rights Center, as provided
for in the House report, to improve intelligence and analysis
related to intellectual property. The reporting requirement
included in Senate report regarding copyright enforcement is
adopted by reference.
$2,100,000 is for implementation of the Communications
Assistance for Law Enforcement Act (CALEA), for a total of
not less than $17,300,000 within the FBI to be used for this
purpose. The conference agreement adopts the direction in the
House report that the Department and the FBI remain focused
on the timely implementation of CALEA, and therefore the
Department of Justice is directed to submit a reorganization
proposal to address coordination of CALEA implementation and
other related electronic surveillance issues no later than
November 15, 2000. This reorganization is expected to ensure
continued coordination between the Department and the FBI on
all matters involving CALEA implementation, as well as to
ensure prioritization of financial and personnel resources
required for a continued and sustained implementation effort.
National Instant Check System (NICS).--The conference
agreement includes $67,735,000 in direct appropriations to
continue operations of the NICS, as well as to provide system
enhancements, including funds for ``hot'' backup for the
Interstate Identification Index (III) and other system
availability improvements.
The fiscal year 2001 budget request for the FBI included no
direct funding for the NICS, and instead proposed to finance
the costs of this system through a user fee. The conference
agreement includes a provision under Title VI of this Act
which prohibits the FBI from charging a fee for NICS checks,
and instead provides funding to the FBI for its costs to
operate the NICS.
FBI Technology Upgrade Plan.--The conference agreement
includes total funding of $100,700,000, 14 positions and 7
FTE, for this initiative (previously referred to as the
Information Sharing Initiative/e-FBI). This amount is to be
derived from $80,000,000 made available in prior years, and
$20,700,000 in fiscal year 2001 base funding. The House bill
proposed a total of $139,344,000 for this initiative, to be
derived from $80,000,000 in prior year funds, $20,000,000 in
fiscal year 2001 base funds, and $39,344,000 in fiscal year
2001 program increases. The Senate-reported amendment
proposed a total of $40,000,000 for this initiative, to be
derived from prior year funds, and eliminated $20,000,000 in
fiscal year 2001 base funding for this activity. The
conference agreement does not include the rescission of
$40,000,000 in prior year funds for these activities as
proposed under Title VII of the Senate-reported amendment.
The conference agreement approves the plan dated September
2000, entitled ``FBI Technology Upgrade Plan, Reprioritized
Three Year Implementation Plan.'' Therefore, the conference
agreement includes the full amount necessary for year one
costs as identified on page 47 of the September 2000
implementation plan. The FBI is directed to provide quarterly
status reports to the Committees on implementation of this
plan, including funding obligations, with the first such
report due no later than February 15, 2001.
[[Page H12450]]
National Infrastructure Protection/Computer Analysis
Response Teams (CART).--The FBI is directed to convert 14
part-time positions for Computer Analysis Response Teams
(CART) examiners to full-time positions from personnel not
currently assigned to computer intrusion/infrastructure
protection squads, similar to direction included in the
Senate report. The conference agreement also adopts the
direction included in the Senate report regarding training,
promotion and retention of CART members and computer
intrusion/infrastructure protection squads. The Senate
direction regarding development of a cadre of computer
experts from other agencies and the private sector is adopted
by reference.
Victim/Witness Specialists.--The conference agreement
includes a new general provision under Title I of this Act
authorizing funds to be provided to the FBI to improve
services for crime victims from the Crime Victims Fund. These
services are to be limited to victim assistance as described
in the Victims of Crime Act and shall not cover non-victim
witness activities such as witness protection or non-victim
witness management services, paralegal duties or community
outreach. The FBI is further directed to work with the Office
of Victims of Crime (OVC) in developing position
descriptions, grade level and hiring requirements, training
and annual reporting requests for these specialists. The
conference agreement assumes $7,400,000 will be needed to
support 112 victim/witness specialists to be distributed as
directed in the Senate report. The Committees on
Appropriations expect to be notified of the final
distribution of these specialists.
Other.--The Senate report language regarding copyright
enforcement, continued collaboration with the Southwest
Surety Institute, the Northern New Mexico anti-drug
initiative, mitochondrial DNA, crimes against children, and
background checks for school bus drivers is adopted by
reference. The conference agreement also adopts by reference
the House report language regarding the Housing Fraud
Initiative, the Jewelry and Gem program, and submission of a
comprehensive information technology report.
In addition, the FBI is directed to fully reimburse the
private ambulance providers for their costs in support of
Hostage Rescue Team operations in St. Martin Parish,
Louisiana, in December, 1999.
In addition to identical provisions that were included in
both the House bill and the Senate-reported amendment, the
conference agreement includes a provision, modified from
language proposed in the House bill, providing not to exceed
25,569 positions and 25,142 FTE for the FBI from funds
appropriated in this Act. The Senate-reported amendment did
not include a similar provision.
construction
The conference agreement includes $16,687,000 in direct
appropriations for construction for the Federal Bureau of
Investigation (FBI), instead of $1,287,000 as proposed in the
House bill, and $42,687,000 as proposed in the Senate-
reported amendment. The agreement provides an increase of
$15,400,000 over the fiscal year 2000 level for the FBI
Academy firearms range modernization project, as follows:
$1,900,000 for relocation and consolidation of an ammunition
storage facility and for lead abatement at existing outdoor
ranges; and $13,500,000 for completion of Phase I and Phase
II of this project.
Drug Enforcement Administration
salaries and expenses
The conference agreement includes $1,363,309,000 for the
Drug Enforcement Administration (DEA) Salaries and Expenses
account, instead of $1,362,309,000 as proposed in the House
bill, and $1,345,655,000 as proposed in the Senate-reported
amendment. In addition, $83,543,000 is derived from the
Diversion Control Fund for diversion control activities. The
following narrative reflects how the funds provided in the
conference agreement are to be spent.
Budget and Financial Management.--The conference agreement
adopts by reference the concerns and direction included in
both the House and Senate reports regarding budget and
financial management. The conference agreement also includes
a provision that identifies the funded position and FTE
levels provided in the bill, which are consistent with the
full base funding requested and program increases provided in
the conference agreement.
The following table represents funding provided under this
account:
DEA SALARIES AND EXPENSES
[In thousands of dollars]
------------------------------------------------------------------------
Activity Pos. FTE Amount
------------------------------------------------------------------------
Enforcement:
Domestic Enforcement.................... 2,252 2,183 $407,261
Foreign Cooperative Investigation....... 732 699 206,644
Drug and Chemical Diversion............. 142 143 16,156
State and Local Task Forces............. 1,678 1,675 242,257
-----------------------------
Subtotal.............................. 4,804 4,700 872,318
=============================
Investigative Support:
Intelligence............................ 883 900 112,904
Laboratory Services..................... 381 378 44,463
Training................................ 99 98 20,309
RETO.................................... 355 353 85,190
ADP..................................... 133 130 140,479
-----------------------------
Subtotal.............................. 1,851 1,859 403,345
Management and Administration........... 865 853 87,646
=============================
Total, DEA............................ 7,520 7,412 1,363,309
------------------------------------------------------------------------
DEA is reminded that any deviation from the above
distribution is subject to the reprogramming requirements of
section 605 of this Act.
The conference agreement provides a net increase of
$43,616,000 for base adjustments, as follows: increases
totaling $48,293,000 for pay and other inflationary costs to
maintain current operations, offset by decreases totaling
$4,677,000 for costs associated with one-time and non-
recurring equipment purchases, GSA rent decreases, and the
transfer of funding for a demand reduction project to the
Office of Justice Programs.
In addition, the conference agreement includes program
increases totaling $64,200,000, as follows:
Investigative and Intelligence Requirements.--$48,100,000
is provided for the following investigative and intelligence
enhancements:
$3,100,000, 19 positions (11 agents) and 9 FTE within
Domestic Enforcement for the Special Operations Division
(SOD) to expand support for the Southwest Border Initiative
and to address money laundering and financial investigations.
$43,000,000, 2 positions and 1 FTE within Automated Data
Processing to continue deployment of Phase II of FIREBIRD.
When combined with $44,870,000 in existing base resources, a
total of $87,870,000 is available for this program in fiscal
year 2001 to enable FIREBIRD to be fully deployed to all
domestic offices and Western Hemisphere offices. Of this
amount, $28,000,000 is for deployment, $10,477,000 is for
technology renewal, and $49,393,000 is for operations and
maintenance and telecommunications costs. DEA is directed to
continue to provide quarterly FIREBIRD status and obligation
reports to the Committees on Appropriations.
$2,000,000 within Intelligence, of which $1,800,000 is for
enhancements to the El Paso Intelligence Center (EPIC), and
$200,000 is to meet expanded participation in the National
Drug Pointer Index (NDPIX) information system. The House
direction regarding a comprehensive report on participation
and utilization of EPIC is adopted by reference.
Domestic Enhancements.-- $14,600,000 is provided for the
following domestic counter-drug enhancements:
$4,600,000, 25 positions (15 agents) and 13 FTE within
Domestic Enforcement to establish an additional Regional
Enforcement Team (RET). This amount, when combined with
existing base resources, provides a total of $24,195,000 for
RETS in fiscal year 2001.
$1,500,000, 14 positions (9 agents) and 7 FTE within
Domestic Enforcement to enhance heroin enforcement, providing
a total of $30,291,000 in fiscal year 2001 for this effort,
as recommended in the Senate report. The Senate direction
regarding black tar heroin is adopted by reference.
$1,500,000 within Domestic Enforcement to enhance
methamphetamine enforcement, providing a total of $27,459,000
in fiscal year 2001 for this effort, as recommended in the
Senate report.
$1,000,000 within State and Local Task Forces to enhance
State and local methamphetamine training activities, as
recommended in the Senate report.
$6,000,000 within Research, Engineering and Technical
Operations (RETO) to procure three additional single-engine
helicopters for drug enforcement activities along the
Southwest border.
In addition, the conference agreement includes a total of
$20,000,000 under the Community Oriented Policing Services
Methamphetamine/Drug ``Hot Spots'' program to assist State
and local law enforcement agencies with the costs associated
with methamphetamine clean-up.
Budget and Financial Management.--$1,500,000, 8 positions
and 4 FTE within Program Management and Administration to
improve DEA's financial and resource management oversight,
including funds to support DEA's Federal Financial System and
for additional staffing for Finance and Resource Management.
Other.--The conference agreement includes a total of
$20,000,000 for the special investigative unit (SIU) program.
Within the amount available, DEA may establish a joint
Haitian/Dominican Republic SIU on the island of Hispaniola.
DEA is reminded that the Committees on Appropriations are to
be notified in accordance with section 605 of this Act prior
to the expansion of this program to any additional countries.
There are continued concerns about endemic corruption within
the Mexico SIU program which has severely limited its
effectiveness. DEA is directed to report to the Committees on
Appropriations no later than February 1, 2001, on progress
made in resolving these problems and recommendations to make
the Mexico program effective.
The conference agreement adopts by reference the direction
included in the House report regarding continued
participation in the HIDTA program, quarterly reports on
source and transit countries, quarterly reports on
implementation of the Caribbean initiative, and a report on
requirements in the region. The conference agreement does not
include funding under DEA for continuation of the demand
reduction initiative recommended in the House report, but has
instead transferred base funding for this program from DEA
Domestic Enforcement to the Office of Justice Programs. DEA
is also directed to better coordinate its operations with
other Federal agencies, including INS and the FBI, along the
Southwest Border, and to pursue co-location of offices
whenever practical. The direction included in the Senate
report regarding DEA's presence in Chile is adopted by
reference. Within the amounts
[[Page H12451]]
provided under this account, DEA may use up to $500,000 for a
study on methods to eliminate the effectiveness of anhydrous
ammonia in methamphetamine production, as authorized.
Drug Diversion Control Fee Account.--The conference
agreement provides $83,543,000 for DEA's Drug Diversion
Control Program for fiscal year 2001, as provided in the
House bill and the Senate-reported amendment. This amount
includes an increase of $3,213,000 for adjustments to base,
including the annualization of 25 positions provided in
fiscal year 2000 for customer service improvements and drug
data analysis. The conference agreement assumes that the
level of balances in the Fee Account are sufficient to fully
support diversion control programs in fiscal year 2001. As
was the case in fiscal years 1999 and 2000, no funds are
provided in the DEA Salaries and Expenses appropriation for
this account in fiscal year 2001.
The conference agreement includes bill language, modified
from language proposed in the House bill, providing not to
exceed 7,520 positions and 7,412 FTE for DEA from funds
provided in this Act. The Senate-reported amendment did not
include a similar provision.
construction
The conference agreement includes no new funding for this
account as proposed in the Senate-reported amendment, instead
of $5,500,000 as proposed in the House bill. A total of
$19,500,000 in prior year carryover balances is available to
fund planned fiscal year 2001 expenditures.
Immigration and Naturalization Service
salaries and expenses
The conference agreement includes $3,125,876,000 for the
salaries and expenses of the Immigration and Naturalization
Service (INS), instead of $3,121,213,000 as provided in the
House bill, and $2,895,397,000 as provided in the Senate-
reported amendment. In addition to the amounts appropriated,
the conference agreement assumes that $1,549,480,000 will be
available from offsetting fee collections instead of
$1,438,812,000 as proposed by the House and $1,524,771,000 as
proposed by the Senate. Thus, including resources provided
under the Construction account, the conference agreement
provides a total operating level of $4,808,658,000 for INS,
instead of $4,670,689,000 as proposed by the House and
$4,553,470,000 as proposed by the Senate, representing a
$548,242,000 (13%) increase over fiscal year 2000. The
following narrative reflects how funds provided in the
conference agreement are to be spent.
INS Organization and Management.--The conference agreement
incorporates concerns expressed in the House report that a
lack of resources is no longer an acceptable response to
INS's inability to adequately address its mission
responsibilities. The conference agreement includes the
establishment of clearer chains of command--one for
enforcement activities and one for services to non-citizens--
as one step towards making the INS a more efficient,
accountable, and effective agency. Consistent with the
concept of separating immigration enforcement from services,
the conference agreement continues to provide for a
separation of funds, as in the fiscal year 1999 and 2000
Appropriations Acts. The conference agreement separates funds
into two accounts, as requested in the budget and proposed in
the House bill: Enforcement and Border Affairs, and
Citizenship and Benefits, Immigration Support and Program
Direction. INS enforcement funds are provided in the
Enforcement and Border Affairs account. All immigration-
related benefits and naturalization, support and program
resources are provided in the Citizenship and Benefits,
Immigration Support and Program Direction account. Neither
account includes revenues generated in various fee accounts
to fund program activities for both enforcement and services
functions, which are in addition to the appropriated funds
and are discussed below. Funds for INS construction projects
continue to be provided in the INS Construction account.
The conference agreement includes bill language which
provides authority for the Attorney General to transfer funds
from one account to another in order to ensure that funds are
properly aligned. Such transfers may occur notwithstanding
any transfer limitations imposed under this Act but such
transfers are still subject to the reprogramming requirements
under Section 605 of this Act. It is expected that any
request for transfer of funds will remain within the
activities under those headings.
The conference agreement includes $2,547,057,000 for
Enforcement and Border Affairs, and $578,819,000 for
Citizenship and Benefits, Immigration Support and Program
Direction.
Base adjustments.--The conference agreement provides a
total increase of $101,008,000 and 641 FTE for adjustments to
base for INS salaries and expenses, offset by a $89,000,000
and 404 FTE transfer to the INS Exams Fees account for the
naturalization and backlog reduction initiatives, as proposed
in the budget request. The conference agreement does not
include transfers to the Exams Fees account, the Breached/
Bond Detention account, and the Justice Prisoner Alien
Transportation System (JPATS) Fund, as proposed in the
Senate-reported amendment.
For the Enforcement and Border Affairs account, the
conference agreement provides an increase of $86,255,000 and
889 FTE for pay and inflationary adjustments for Border
Patrol, Investigations, Detention and Deportation, and
Intelligence. This represents the full amount requested less
$11,770,000 for the annualization of border patrol agents not
yet hired, and $3,343,000 for the portion of the fiscal year
2000 annualized pay raise which has already been paid in the
current fiscal year. Funds have not been included for the
proposed increase in the journeyman level for border patrol
agents and immigration inspectors.
For the Citizenship and Benefits, Immigration Support and
Program Direction account, the conference agreement includes
an increase of $14,752,000 for pay and inflationary
adjustments for the existing activities of Citizenship and
Benefits, Immigration Support, and Management and
Administration; offset by a transfer of $89,000,000 in
naturalization and backlog reduction activities to the Exams
Fees account, as proposed in the budget. The amount provided
for base adjustments represents the full amount requested
less $690,000 for the portion of the fiscal year 2000
annualized pay raise which has already been paid in the
current fiscal year. In addition, $35,000,000 is continued
within the base to support naturalization and other benefits
processing backlog reduction activities.
None of these amounts include offsetting fees, which are
used to fund both enforcement and services functions.
In addition, program increases totaling $222,768,000 are
provided, as follows:
Border Control and Management.--$100,612,000 is provided
for additional border patrol staffing, technology, land
border inspections, and Joint Terrorism Task Forces, as
follows:
$52,000,000, 430 positions and 215 FTE, are for new border
patrol agents. It is noted that again in fiscal years 1999
and 2000, the INS has failed to hire the 1,000 new border
patrol agents provided in each of those years. Should the INS
be unable to recruit the required agents again in fiscal year
2001, the INS is to submit a reprogramming in accordance with
section 605 of this Act, prior to expenditure of the funds
provided for the hiring of border patrol agents for any other
purpose.
While some level of border control is being witnessed on
parts of the Southwest border, particularly in San Diego, as
a result of increased border patrol agents and technology, in
other areas of the country border control remains a growing
problem, particularly in the Northwest, Southeast, and other
areas of the Southwest border. The House report language
regarding consultation and submission of a deployment plan
for new border patrol agents and direction in the House
report regarding quarterly hiring status reports are adopted
by reference. Senate report language prohibiting the transfer
of any border patrol agents or technology from the Northwest
border to the Southwest border is also adopted by reference.
$33,835,000 is for additional border patrol equipment and
technology, for the following activities:
$598,000 is for replacement patrol boats to combat
alien smuggling on the Great Lakes, the Detroit River, Lake
St. Clair, and the St. Lawrence Seaway.
$17,500,000 is for the deployment of additional
Integrated Surveillance Intelligence Systems (ISIS) along the
Northern and Southern borders. When combined with existing
base funds, a total of $35,500,000 is available for ISIS. INS
is directed to consult with the Committees on Appropriations
and provide a deployment plan for these systems no later than
December 15, 2000, which reflects the highest priority
locations on both the Northern and Southern borders.
$15,737,000 is for additional border patrol
equipment and technology. The conference agreement includes a
total of $30,737,000 for additional border patrol equipment
and technology, of which $15,737,000 is provided as a program
increase and $15,000,000 is to be derived from within
existing base resources. Funding provided is to be used for
high priority equipment, including fiber optic scopes, hand-
held search lights, vehicle infrared cameras, Global
Positioning Systems, infrared scopes, night vision goggles,
hand-held range-finder night vision binoculars, and pocket
scopes. INS is directed to provide a spending plan for these
funds to the Committees on Appropriations no later than
December 15, 2000.
$6,277,000, 72 positions and 36 FTE are for additional
inspectors at land border Ports of Entry (POE). INS is
directed to consult with the Committees on Appropriations and
provide a deployment plan no later than December 15, 2000
which reflects the highest priority locations for
distribution of these resources.
$7,000,000, 58 positions and 29 FTE are for additional
investigators and operational costs associated with INS
participation in Joint Terrorism Task Forces to address
immigration-related issues in terrorism cases.
Additionally, the conference agreement includes a
$1,500,000 increase for the Law Enforcement Support Center
(LESC), providing a total of $12,500,000 for the LESC in
fiscal year 2001.
The conference agreement adopts by reference the House
report language regarding the relocation of Tucson Sector
helicopter operations and related housing costs, a joint plan
on combating illegal immigration through Federal lands and
parks, and establishment of a joint task force to study
emergency medical services for illegal aliens.
Interior Enforcement/Removal of Deportable Aliens.--
$120,856,000 is provided for interior enforcement, including
the tracking, detention, and removal of aliens, as follows:
[[Page H12452]]
$87,306,000, 120 positions and 60 FTE are for an additional
1,167 detention beds, including 1,000 beds in State and local
facilities, and 120 juvenile detention beds, as proposed in
the House report.
$15,550,000 is for additional JPATS movements, as proposed
in the House report. The conference agreement does not
include the proposed transfer of funds from INS to the JPATS
Fund for this activity which was recommended in the Senate
report.
$11,000,000, 100 positions and 50 FTE are for 23 additional
Quick Response Teams, as proposed in the House report. The
House report language regarding consultation and submission
of a deployment plan and direction regarding quarterly status
reports are adopted by reference.
In addition, the conference agreement includes an
additional $3,000,000 under the Community Oriented Policing
Services program to expand the program to provide video-
teleconferencing equipment and technology to allow State and
local law enforcement to confirm the status of an alien
suspected of criminal activity.
$3,000,000, 28 positions and 14 FTE are for expansion of
the on-going Criminal Alien Apprehension Program (CAAP),
pursuant to Public Law 105-141. The Senate report language
regarding Salt Lake City is adopted by reference, and INS is
directed to report its intention regarding this matter to the
Committees on Appropriations no later than December 1, 2000.
The House report language regarding consultation and
submission of a deployment plan is adopted by reference.
$4,000,000, 26 positions and 13 FTE are for INS to enter
INS criminal alien records into the National Criminal
Information Center (NCIC) in order to address the current
backlog and to ensure that INS does not lose its NCIC
privileges. The direction included in the House report
regarding development of a comprehensive plan to address this
problem is adopted by reference.
Concerns have been expressed regarding the adequacy of the
current training course for Detention Enforcement Officers
(DEO) in light of the increasingly violent detainee
population and other factors. INS is directed to complete a
comprehensive assessment of its current DEO training course
and provide a report to the Committees on Appropriations no
later than July 1, 2001, with recommendations for
improvements.
The conference agreement reflects concerns regarding INS'
failure to vigorously pursue an effective interior
enforcement strategy, and adopts by reference the direction
included in the House report regarding quarterly reporting on
detention and removal orders. The Senate report language
regarding tuberculosis monitoring is also adopted by
reference.
Professionalism and Infrastructure.--The conference
agreement includes an increase of $1,300,000 for the Debt
Management Center, as proposed in the Senate report. INS is
expected to follow the direction included in the Senate
report regarding annualization of this increase in fiscal
year 2002.
IAFIS/IDENT.--The conference agreement adopts the
recommendation included in the House report directing that
$5,000,000 from within existing INS base funds available for
IDENT be transferred to the Justice Management Division to
continue the planned IAFIS/IDENT integration project,
including systems design and development work and additional
operational testing. INS is directed to comply with the
direction in the House report regarding further deployment of
IDENT.
Within the total amount available to INS, $2,103,000 is to
be used to establish the task force required by Public Law
106-215.
Services/Benefits.--The Congress has provided significant
additional resources to the INS over the past three years to
address the naturalization backlog, improve the integrity of
the naturalization process, and improve services. The
conference agreement provides a total of $1,004,851,000 for
these activities, $70,134,000 (7%) over the amount requested
in the budget, and $135,222,000 (16%) over the fiscal year
2000 level. However, serious concerns remain about the INS'
failure to manage its resources, and the Committees continue
to receive complaints from Members of Congress and their
constituents about the problems of backlogs in application
processing and casework, and deficiencies in other services.
Again this year, the conference agreement includes
significant additional resources, over and above the
President's budget request, for benefits and services.
Therefore, INS is directed to conduct a complete review of
staffing and resource needs to improve benefits and services
in all current INS offices, as well as the need for
additional offices, particularly in rural areas. INS is
directed to complete this review and report its findings to
the Committees on Appropriations, including a proposal to
reallocate resources as warranted, no later than December 15,
2000. As part of this review, the INS is directed to pay
particular attention to the following areas: Fort Smith,
Arkansas; Adak, Alaska; San Francisco, California; Ventura,
California; Washington, D.C.; Des Moines, Iowa; Louisville,
Kentucky; the Bronx, New York; New York, New York; Omaha,
Nebraska; Northern New Jersey; Las Vegas, NV; Greer, South
Carolina; Nashville, Tennessee; Roanoke, Virginia; and
Milwaukee, Wisconsin. In addition, the conferees are
concerned with the diversion of resources from smaller rural
offices and direct INS to notify the Committees prior to the
reallocation of resources, including the temporary
reassignment of personnel, from the area identified in the
Senate report.
The conference agreement adopts by reference the direction
included in the House report regarding monthly reports on the
status of processing immigration benefits applications,
continuation of the San Jose customer service pilot, and a
report on unreviewed Citizenship USA cases, which is to be
submitted no later than November 1, 2000.
In addition to identical provisions included in both the
House bill and the Senate-reported amendment, the conference
agreement includes the following additional provisions, as
follows: (1) a limitation of $30,000 per individual employee
for overtime payments, as proposed in the House bill, instead
of $20,000 as proposed in the Senate-reported amendment; (2)
a limitation on funding and staffing available to the Offices
of Legislative and Public Affairs, as proposed in the House
bill; (3) a prohibition on the use of funds to operate the
San Clemente and Temecula traffic checkpoints unless certain
conditions are met, as proposed in the House bill; and (4)
limitations on the number of positions and FTE provided to
INS in this Act, modified from language proposed in the House
bill.
OFFSETTING FEE COLLECTIONS
The conference agreement assumes $1,549,480,000 will be
available from offsetting fee collections, instead of
$1,438,812,000 as proposed in the House bill and
$1,524,771,000 as proposed in the Senate-reported amendment,
to support activities related to the legal admission of
persons into the United States. These activities are funded
entirely by fees paid by persons who are either traveling
internationally or are applying for immigration benefits. The
following levels are recommended:
Immigration Inspections User Fees.--The conference
agreement includes $494,384,000 of spending from offsetting
collections in this account, the same amount proposed in
Senate report, and $15,505,000 above the amount included in
the House report. This amount represents a $38,999,000
increase over fiscal year 2000 spending, and does not assume
the addition of any new or increased fees on airline or
cruise ship passengers. The conference agreement includes
$18,489,000 for adjustments to base, the full amount
requested. In addition, program increases are provided as
follows: $12,186,000, 154 positions and 77 FTE to increase
primary inspectors at new airport terminals; and $8,324,000
to address additional staffing and other requirements.
Funding is not included for the proposed change in the
journeyman level for inspectors. INS is directed to consult
with Committees on Appropriations and to submit a spending
and deployment plan no later than December 1, 2000, which
allocates these additional resources to the highest priority
locations. Should additional fees become available, the INS
may submit a reprogramming in accordance with section 605 of
this Act.
Immigration Examinations Fees.--The conference agreement
includes a total of $1,004,851,000 to support the
adjudication of applications for immigration benefits,
instead of $918,717,000 as proposed in the House bill,
$841,017,000 as proposed in the Senate-reported amendment,
and $934,617,000 as requested in the budget. These funds are
derived from offsetting collections in the Examinations Fees
account from persons applying for immigration benefits,
including collections from a new voluntary premium processing
fee as proposed in the House bill and the budget request, and
$35,000,000 in continued direct appropriations under the
Citizenship and Benefits, Immigration Support, and Program
Direction account. The conference agreement reflects the INS'
revised revenue estimates for collections from existing fees
which is $107,534,000 higher than the amount assumed in the
budget request, and $144,534,000 above the amount available
in fiscal year 2000. When combined with additional revenues
estimated from the new voluntary premium processing fee, the
total amount of collections available in the Examinations
Fees account for adjudication of immigration benefits is
$224,534,000 over the amount available in fiscal year 2000.
When combined with direct appropriations, the total amount
included in the conference agreement for benefits processing,
adjudication, and backlog reduction is an increase of
$70,134,000 (7%) above the budget request and $135,222,000
(16%) above the amount provided in fiscal year 2000.
Therefore, the conference agreement does not include the
reinstatement of section 245(i) as proposed in the Senate-
reported amendment. In addition, the conference agreement
does not adopt the transfer of $49,741,000 from Examinations
Fees funding to the Executive Office of Immigration Review
(EOIR); and the transfer of $50,000,000 in non-adjudication
related activities from the Salaries and Expenses account to
the Examinations Fees account which were proposed in the
Senate-reported amendment.
Within the Examinations Fees account, the conference
agreement provides the following: $25,676,000 for adjustments
to base; and program enhancements totaling $94,841,000, as
proposed in the House report, for the following activities:
(1) $16,000,000 for implementing premium business service
processing; (2) $7,500,000 for anti-fraud investigations
related to business-related visa applications and marriage
fraud; (3) $13,000,000 for the telephone customer service
center, for a total of $43,000,000, the full amount
requested; (4) $4,200,000 for the indexing and conversion of
INS microfilm images, for a
[[Page H12453]]
total of $7,200,000; and (5) $53,641,000 for replacement of
the case tracking system and hardware in field offices and
continued development and installation of digital photography
and signature capabilities in the Application Support
Centers. Included within these amounts is $6,000,000 for
installation of the CLAIMS 4 system in the Los Angeles,
California district office which will complete nationwide
deployment of the system. INS is directed to submit a
spending plan in accordance with the reprogramming procedures
set forth in section 605 of this Act which allocates the
remaining $51,134,000 in additional resources made available
in the Exams Fees account, and the $35,000,000 in continued
direct appropriations provided for backlog reduction
initiatives.
The INS is directed to make available to EOIR from the INS
Examinations Fees account not less than $1,000,000 to be
applied toward expenditures related to EOIR's acquisition of
contract court interpreter services for immigration court
proceedings.
Land Border Inspections Fees.--The conference agreement
includes $1,670,000 in spending from the Land Border
Inspection Fund, as proposed in the Senate report, instead of
$1,641,000 as proposed in the House report. The current
revenues generated in this account are from Dedicated
Commuter Lanes in Blaine and Port Roberts, Washington,
Detroit Tunnel and Ambassador Bridge, Michigan, and Otay
Mesa, California, and from Automated Permit Ports that
provide pre-screened local border residents' border crossing
privileges by means of automated inspections.
Immigration Breached Bond/Detention Fund.--The conference
agreement includes $80,600,000 in spending from the Breached
Bond/Detention Fund, as proposed in the House report, instead
of $130,634,000 as proposed in the Senate report, and
reflects the current estimate of revenues available in the
Fund in fiscal year 2001 based upon current law. The
conference agreement does not assume the reinstatement of
Section 245(i), which was proposed in the Senate-reported
amendment and the budget request. Instead, the conference
agreement provides a $37,480,000 increase in the INS Salaries
and Expenses account to fully fund the detention requirements
requested in the Fund, but for which revenues are
insufficient in fiscal year 2001. The agreement does not
include the base transfer to the Breached Bond/Detention Fund
account, as proposed in the Senate report.
Immigration Enforcement Fines.--The conference agreement
includes $1,850,000 in spending from Immigration Enforcement
fines, the amount requested and proposed in the House report,
instead of $5,593,000 as proposed in the Senate report.
H-1B Fees.--The conference agreement includes $1,125,000 in
spending from the H-1B Fee account, the amount requested and
the amount proposed in the House report, instead of
$1,473,000 as proposed in the Senate report.
CONSTRUCTION
The conference agreement includes $133,302,000 for
construction for INS, as proposed in the Senate-reported
amendment, instead of $110,664,000 as proposed in the House
bill. This amount fully funds the Administration's request,
funds $5,000,000 in habitability, life safety, and other
improvements at the Charleston Border Patrol Academy, and
provides increases over the requested amount of $7,353,000
for one-time build out and $9,814,000 for maintenance,
repair, and alteration to accelerate these programs.
The conference agreement includes language, as proposed in
the House bill and carried in prior Appropriations Acts,
prohibiting funds from being used for site acquisition,
design, or construction of a checkpoint in the Tucson Sector.
The Senate-reported amendment did not include a similar
provision.
Federal Prison System
SALARIES AND EXPENSES
The conference agreement includes $3,476,889,000 for the
salaries and expenses of the Federal Prison System, instead
of $3,430,596,000 as proposed in the House bill and
$3,573,729,000 as proposed in the Senate-reported amendment.
The agreement assumes that, in addition to the amounts
appropriated, $31,000,000 will be available for necessary
operations from unobligated carryover balances from the prior
year.
The conference agreement includes funding to begin and or
complete the activation of the following facilities:
Victorville, CA..............................................$5,882,000
Houston, TX.....................................................637,000
Brooklyn, NY..................................................8,131,000
Philadelphia, PA..............................................5,718,000
Butner, NC...................................................11,808,000
Loretto, PA expansion...........................................613,000
Pollock, LA..................................................33,511,000
Atwater, CA..................................................22,316,000
Coleman, FL..................................................10,235,000
Honolulu, HI.................................................14,119,000
Ft. Dix, NJ expansion.........................................4,893,000
Yazoo City, MS expansion........................................674,000
Lompoc, CA expansion............................................907,000
El Paso, TX expansion.........................................2,357,000
Seagoville, TX expansion......................................1,208,000
Jesup, GA expansion.............................................200,000
The conference agreement provides an additional $500,000
for the National Institute of Corrections (NIC) to study
whether the location of illegal alien holding facilities
along the Southern border of the United States contributes to
the illegal immigration problems in this country. The
conference agreement includes $4,000,000 for the NIC to
address issues related to children of prisoners, as described
in the Senate report. Of the amounts provided, up to
$1,000,000 shall be for the NIC to address the issue of staff
sexual misconduct involving female inmates as described in
the Senate report.
The conference agreement provides $100,000 for
implementation of a pilot internship program at the Federal
Correctional Institution in Yazoo City, MS as described in
the Senate report. The conference agreement adopts the Senate
report language directing BOP to continue to assess the
feasibility of construction of a high security facility in
Yazoo City, MS as described in the Senate report.
The conference agreement includes a $3,000,000 enhancement
for education programming instead of the $7,433,000
requested. If additional resources become available either
through prior year unobligated balances or as a result of
savings in fiscal year 2001, BOP is expected to fund these
additional costs.
BUILDINGS AND FACILITIES
The conference agreement includes $835,660,000 for
construction, modernization, maintenance and repair of prison
and detention facilities housing Federal prisoners, the same
level as provided in the House bill, instead of $724,389,000
as provided in the Senate-reported amendment. The conference
agreement provides $681,271,000 for construction of new
facilities as outlined below:
[In thousands of dollars]
Facility Amount
Facilities with prior funding:
FCI Forrest City, AR..........................................$95,814
FCI Yazoo City, MS.............................................86,884
USP Lompoc, CA................................................118,111
FCI Butner, NC.................................................83,111
FCI Victorville, CA...........................................116,838
FCI Herlong/Sierra, CA........................................116,861
Facilities with no prior funding:
USP Western....................................................11,930
USP Southeastern...............................................11,931
FCI Southeastern................................................5,430
FCI Mid-Atlantic................................................5,430
FCI Midwestern..................................................5,431
FCI Western.....................................................6,000
FCI South Central...............................................5,000
FCI Northeast...................................................5,000
FCI Mid-Atlantic................................................5,000
Mid-Atlantic Female.............................................2,000
Alaska Prison Study...............................................500
________________
Total.......................................................681,271
After reviewing numerous sites in South Carolina, the
Bureau of Prisons (BOP) narrowed its focus on four potential
locations that would be suitable for the construction of
correctional facilities. Following a comprehensive
Environmental Impact Study completed in April, 2000, the BOP
identified two preferred sites in Williamsburg and Marlboro
Counties. A Record of Decision (ROD) for the Salters site,
Williamsburg County was signed by the Director, BOP on July
19, 2000. On the same date, the ROD was signed for the
Bennetsville site, Marlboro County. The BOP is in the process
of procuring a design/build contract for the Salters site and
is proceeding with the second preferred site, consistent with
the ROD and the fiscal year 2001 request.
The Senate provided $7,954,000 to plan and design a prison
in Alaska while the House included no such funding. The
managers note that there is no Federal prison in Alaska and
State prisons are severely overcrowded and are operating
under a court order requiring some prisoners to be
transported to lower 48 State prisons. Likewise, Federal
prisoners in Alaska must be transported by commercial air to
Federal facilities thousands of miles away at a huge cost to
taxpayers.
The Director of the Bureau of Prisons is directed to
prepare a feasibility study on the need for a new prison in
Alaska including the number of Federal prisoners who would be
housed, the types of detention, rehabilitation, vocational
and educational facilities that would be required, and the
potential to lease surplus beds to the State of Alaska to
reduce its prison overcrowding. The report should also
analyze the costs of construction, the cost savings that
would be realized from reduced prisoner transportation costs,
and potential financing options, including State
contributions and private financing and operation. The
managers have provided $500,000 for the study which should be
conducted in consultation with the U.S. Marshal for Alaska,
the Chief Judge of the United States District Court, the
Alaska Commissioner of Corrections and private parties or
non-profit corporations with an interest in prison issues.
The report should be submitted to the House and Senate
Committees on Appropriations by March 15, 2001.
Federal Prison Industries, Incorporated
(LIMITATION ON ADMINISTRATIVE EXPENSES)
The conference agreement includes a limitation on
administrative expenses of $3,429,000, as requested and as
proposed in both the House bill and the Senate-reported
amendment.
Office of Justice Programs
JUSTICE ASSISTANCE
The conference agreement includes $418,219,000 for Justice
Assistance, instead of $307,611,000 as proposed in the House
bill and $426,403,000 as proposed in the Senate-reported
amendment. The conference agreement includes the following:
[[Page H12454]]
National Institute of Justice...............................$70,000,000
Defense/Law Enforcement Technology Transfer..............(12,277,000)
Bureau of Justice Statistics.................................28,755,000
Missing Children.............................................23,048,000
Regional Information Sharing System..........................25,000,000
National White Collar Crime Center............................9,250,000
Management and Administration................................41,186,000
________________
Subtotal................................................197,239,000
================
Counterterrorism Programs:
Equipment.................................................109,400,000
Nunn-Lugar-Domenici Program................................20,980,000
Training...................................................45,500,000
Exercises...................................................7,000,000
Technical Assistance........................................2,000,000
Counterterrorism Research and Development..................36,100,000
________________
Subtotal................................................220,980,000
================
Total, Bureau of Justice Assistance.....................418,219,000
National Institute of Justice (NIJ).--The conference
agreement provides $70,000,000 for the National Institute of
Justice, instead of $41,448,000 as proposed in the House bill
and $46,000,000 as proposed in the Senate-reported amendment.
Additionally, $5,200,000 for NIJ research and evaluation on
the causes and impact of domestic violence is provided under
the Violence Against Women Grants program; $17,500,000 is
provided from within technology funding in the Community
Oriented Policing Services account to be available to NIJ to
develop new, more effective safety technologies for safe
schools; and $20,000,000 is provided to NIJ, as was provided
in previous fiscal years, within the Local Law Enforcement
Block Grant for assisting local units to identify, select,
develop, modernize and purchase new technologies for use by
law enforcement.
The conference agreement adopts by reference the following
recommendations in the House report which are within the
overall amounts provided to NIJ. The Office of Justice
Programs is expected to review proposals, provide grants if
warranted, and report to the Committees on its intentions
regarding: a grant at the current year level for information
technology applications for High Intensity Drug Trafficking
Areas; a grant for the Snohomish County Medical Examiner's
Office to assist in the development of a new death
investigation module for the FBI's ViCAP system; and a
$1,800,000 grant for facial recognition.
The conference agreement adopts the following
recommendations in the Senate report that provides that
within the overall amount provided to NIJ, the Office of
Justice Programs is expected to review proposals, provide
grants if warranted, and report to the Committees on
Appropriations on its intentions regarding: a $400,000 grant
for continued research into non-toxic drug detection and
identification aerosol technology; a $300,000 grant for
Washington State Breaking the Cycle; and a $100,000 grant for
perfluorocarbon tracer.
Within the amount provided, the conference agreement
directs that increased amounts over fiscal year 2000 be made
available for computerized identification systems and the DNA
Research Technology and Development Program, as proposed in
the Senate report.
The conference agreement provides $15,000,000 for an
education and development initiative to promote criminal
justice excellence at Eastern Kentucky University in
conjunction with the University of Kentucky.
The conference agreement includes $600,000 for NIJ to
develop, test, and validate a prototype national
Vulnerability Assessment (VA) methodology for assessing the
security of chemical facilities against terrorist and
criminal attacks, consistent with the requirements of Public
Law 106-40. This report is expected to include
recommendations for the Attorney General on the appropriate
security classification and public release of information
likely to be generated by a national VA of chemical
facilities, including an analysis of expected risks and
benefits. One year after enactment of this Act, the Attorney
General shall provide to the Committees on Appropriations a
comprehensive report on the findings derived from the
development of the VA methodology. The information contained
in this report will be used only to describe and validate
conditions at chemical facilities in general and will contain
no identifications of specific chemical facilities.
Defense/Law Enforcement Technology Transfer.--Within the
total amount provided to NIJ, the conference agreement
includes $12,277,000 to assist NIJ, in conjunction with the
Department of Defense, in converting non-lethal defense
technology to law enforcement use. Within the amount provided
is funding for the continuation of the law enforcement
technology center network, which provides States with
information on new equipment and technologies, as well as
assisting law enforcement agencies in locating high cost/low
use equipment for use on a temporary or emergency basis. The
current year level is provided for the technology
commercialization initiative at the National Technology
Transfer Center and other law enforcement technology centers.
The current year level is provided for the Center for Rural
Law Enforcement Technology and Training to evaluate and
assist in providing technology needs of rural State and local
law enforcement officers, as part of the National Law
Enforcement and Corrections Technology Center (NLECTC)
system. $1,500,000 is also provided to develop plans to
establish a National Law Enforcement and Corrections
Technology Center in Alaska as described in the Senate
report.
The conference agreement includes an $8,000,000 increase
for smart gun technology research and development.
Bureau of Justice Statistics (BJS).--The conference
agreement provides $28,755,000 for the Bureau of Justice
Statistics, instead of $25,505,000 as proposed in the House
bill and $27,305,000 as proposed by the Senate-reported
amendment. The recommendation includes $500,000 for
inflationary cost increases, $725,000 to collect Computer
Crime and Cyber-Fraud Statistics as described in the Senate
report and $2,000,000 for tribal criminal justice statistics.
Missing Children.--The conference agreement provides
$23,048,000 for the Missing Children Program instead of
$25,473,000 as proposed in the Senate-reported amendment and
$19,952,000 as proposed in the House bill. Within the amounts
provided the conference agreement assumes the following:
(1) $9,298,000 for the Missing Children Program within the
Office of Justice Programs, Justice Assistance, including the
following: $6,500,000 for State and local law enforcement to
continue specialized cyberunits and to form new units to
investigate and prevent child sexual exploitation which are
based on the protocols for conducting investigations
involving the Internet and online service providers that have
been established by the Department of Justice and the
National Center for Missing and Exploited Children.
(2) $11,450,000 for the National Center for Missing and
Exploited Children, of which $100,000 is provided for a case
manager as described in the Senate report; $2,250,000 is for
CyberTipline, Cyperspace training and continuation of a study
regarding the victimization of children on the Internet as
described in the Senate report. Additional funding is also
provided for a legal and technical assistance section. OJP is
directed to work with the National Center for Missing and
Exploited Children to identify law enforcement agencies which
currently utilize computers in their patrol vehicles and
create a program to use computers to disseminate information
on missing children as described in the Senate report.
(3) $2,300,000 for the Jimmy Ryce Law Enforcement Training
Center for training of State and local law enforcement
officials investigating missing and exploited children cases.
Regional Information Sharing System (RISS).--The conference
agreement includes $25,000,000 for RISS, instead of
$20,000,000 and a $5,000,000 transfer from the COPS program
as proposed in the House bill and $30,000,000 as proposed in
the Senate-reported amendment.
White Collar Crime Information Center.--The conference
agreement includes $9,250,000 for the National White Collar
Crime Center (NWCCC), as proposed in the House bill, instead
of no funding as proposed in the Senate-reported amendment.
Counterterrorism Assistance.--The conference agreement
includes a total of $220,980,000 to continue the initiative
to prepare, equip, and train State and local entities to
respond to incidents of chemical, biological, radiological,
and other types of domestic terrorism, instead of
$152,000,000 as proposed in the House bill and $257,000,000
as proposed in the Senate-reported amendment. Funding is
provided as follows:
Equipment.--$109,400,000 is provided for grants to equip
State and local first responders, including, but not limited
to, firefighters and emergency services personnel, as
follows:
$97,000,000 for Domestic Preparedness Equipment
Grants to be used to procure specialized equipment required
by State and local first responders to respond to terrorist
incidents involving chemical, biological, radiological, and
explosive weapons of mass destruction (WMD). The conference
agreement continues the direction included in the fiscal year
2000 Appropriations Act, allowing funds to be allocated only
in accordance with an approved State plan, and adopts the
direction included in the Senate report requiring 80 percent
of each State's funding to be provided to local communities
with the greatest need. Within the total amount provided for
these grants, up to $2,000,000 shall be made available for
continued support of the Domestic Preparedness Equipment
Technical Assistance program at the Pine Bluff Arsenal;
$5,000,000 is for equipment grants for State and
local bomb technicians, instead of $10,000,000 as proposed in
the House report; and
$7,400,000 is for pre-positioned equipment, as
proposed in the Senate report.
Nunn-Lugar-Domenici Program (NLD).--$20,980,000 is for the
NLD Domestic Preparedness Program authorized under the
National Defense Authorization Act, 1997, and previously
funded by the Department of Defense, to provide training and
other assistance to the 120 largest U.S. cities. On April 6,
2000, the President proposed the transfer of responsibility
for completion of the NLD
[[Page H12455]]
program to the Department of Justice. The conference
agreement provides the full amount necessary to complete the
NLD program, of which $8,100,000 is for training and
$6,880,000 is for exercises for the remainder of the 120
cities; $3,000,000 is for Improved Response Plans; and
$3,000,000 is for management and administrative costs
associated with this program. Within the amounts provided for
Domestic Preparedness Equipment grants, the Office of Justice
Programs may provide equipment to NLD cities if such
equipment is necessary to fulfill the requirements of the
program. The conference agreement includes a series of new
programs to address training and exercise requirements on a
national basis, and expects the Office of Justice Programs to
provide any future training and exercises assistance through
these programs. The Senate report language regarding
administration of this program is adopted by reference.
Training.--$45,500,000 is for training programs for State
and local first responders, to be distributed as follows:
$33,500,000 is for the National Domestic
Preparedness Consortium, of which $15,500,000 is for the
Center for Domestic Preparedness at Ft. McClellan, Alabama,
including $500,000 for management and administration of the
Center; $5,250,000 is for the Texas Engineering Extension
Service at Texas A&M; and $12,750,000 is to be equally
divided among the three other Consortium members;
$8,000,000 is for additional training programs to
address emerging training needs not provided for by the
Consortium or elsewhere. In distributing these funds, OJP is
expected to consider the needs of firefighters and emergency
services personnel, and State and local law enforcement;
$3,000,000 is for continuation of distance
learning training programs at the National Terrorism
Preparedness Institute at the Southeastern Public Safety
Institute to provide training through advanced distributive
learning technology and other mechanisms; and
$1,000,000 is for continuation of the State and
Local Antiterrorism Training Program.
Exercises.--$7,000,000 is for exercise programs, of which
$4,000,000 is for grants to assist State and local
jurisdictions in planning and conducting exercises to enhance
their response capabilities, and $3,000,000 is for planning,
execution, and analysis of TOPOFF II. The direction included
in the Senate report regarding distribution of exercises
grants in accordance with approved State plans is adopted by
reference.
Technical Assistance.--$2,000,000 is for technical
assistance to States and localities, as proposed in the
Senate report.
Counterterrorism Research and Development.--$36,100,000 is
for counterterrorism research and development, of which
$18,000,000 is for the Dartmouth Institute for Security
Technology Studies (ISTS), $18,000,000 is for the Oklahoma
City National Memorial Institute for the Prevention of
Terrorism (MIPT), and $100,000 is for a pilot project to
develop an RDT&E system similar to the Department of Defense
System, as proposed in the Senate report. Within the amount
provided for MIPT, up to $4,000,000 is to be used to support
the development of performance standards in a biological and
chemical environment for respirators and personal protective
garments. The MIPT and the ISTS are directed to work with the
Technical Support Working Group and the National Domestic
Preparedness Office to develop and implement a process
whereby WMD equipment is standardized.
The conference agreement includes language modified from
language included in the House bill and the Senate-reported
amendment providing funding for counterterrorism programs.
Management and Administration.--The conference agreement
includes $41,186,000 for Management and Administration,
instead of $39,456,000 as proposed by the House, and
$40,125,000 as proposed by the Senate. The conference
agreement adopts the House report language concerning the
reorganization of the Office of Justice Programs and the
submission of a report on the implementation of the
reorganization by December 31, 2000.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
The conference agreement includes $2,848,929,000 for State
and Local Law Enforcement Assistance, instead of
$2,823,950,000 as proposed in the House bill, and
$1,475,254,000 as proposed in the Senate-reported amendment.
The conference agreement provides for the following programs:
Local Law Enforcement Block Grant.........................$523,000,000
Boys and Girls Clubs.....................................(60,000,000)
Law Enforcement Technology...............................(20,000,000)
State Prison Grants........................................686,500,000
Cooperative Agreement Program............................(35,000,000)
Indian Country Earmark...................................(34,000,000)
Alien Incarceration.....................................(165,000,000)
State Environmental Impact Statements.....................(2,000,000)
State Criminal Alien Assistance Program....................400,000,000
Indian Tribal Courts Program.................................8,000,000
Byrne Discretionary Grants..................................69,050,000
Byrne Formula Grants.......................................500,000,000
Drug Courts.................................................50,000,000
Juvenile Crime Block Grant.................................250,000,000
Violence Against Women Act Programs........................288,679,000
State Prison Drug Treatment.................................63,000,000
Indian Country Alcohol and Crime Prevention..................5,000,000
Missing Alzheimer's Patient Program............................900,000
Law Enforcement Family Support Programs......................1,500,000
Motor Vehicle Theft Prevention...............................1,300,000
Senior Citizens Against Marketing Scams......................2,000,000
________________
Total................................................2,848,929,000
Local Law Enforcement Block Grant.--The conference
agreement includes $523,000,000 for the Local Law Enforcement
Block Grant program, as proposed in the House bill, instead
of $400,000,000, as proposed in the Senate-reported
amendment, in order to continue the commitment to provide
local governments with the resources and flexibility to
address specific crime problems in their communities with
their own solutions. Within the amount provided, the
conference agreement includes language providing $60,000,000
to the Boys and Girls Clubs of America. In addition, the
conference agreement extends the set-aside for law
enforcement technology, as proposed in both the House bill
and the Senate-reported amendment.
State Prison Grants.--The conference agreement includes
$686,500,000 for State Prison Grants as proposed in the House
bill, instead of $76,000,000 as proposed in the Senate-
reported amendment. Of the amount provided, $450,500,000 is
available to States to build and expand prisons, $165,000,000
is available to States for the reimbursement of the costs of
incarceration of criminal aliens, $35,000,000 is available
for the Cooperative Agreement Program, $34,000,000 is
available for Indian tribes, and $2,000,000 is available for
review of State environmental impact statements to determine
compliance with Federal requirements and ensure that State
projects are not delayed.
State Criminal Alien Assistance Program.--The conference
agreement provides a total of $565,000,000 for the State
Criminal Alien Assistance Program for payment to the States
for the costs of incarceration of criminal aliens, instead of
$50,000,000, as proposed in the Senate-reported amendment and
$585,000,000 as proposed in the House bill. Of the total
amount, the conference agreement includes $400,000,000 under
this account for the State Criminal Alien Assistance Program
and $165,000,000 for this purpose under the State Prison
Grants program, as proposed by the House bill.
Indian Tribal Courts.--The conference agreement includes
$8,000,000, instead of $5,000,000 as proposed in the Senate-
reported amendment, and no funding in the House bill, to
assist tribal governments in the development, enhancement,
and continuing operation of tribal judicial systems by
providing resources for the necessary tools to sustain safer
and more peaceful communities.
Edward Byrne Grants to States.--The conference agreement
provides $569,050,000 for the Edward Byrne Memorial State and
Local Law Enforcement Assistance Program, of which
$69,050,000 is for discretionary grants and $500,000,000 is
provided for formula grants under this program.
Byrne Discretionary Grants.--The conference agreement
provides $69,050,000 for discretionary grants under the
Edward Byrne Memorial State and Local Assistance Program to
be administered by Bureau of Justice Assistance (BJA),
instead of $52,000,000 as proposed in the House bill and the
Senate-reported amendment. Within the amount provided for
discretionary grants, OJP is expected to review the following
proposals, provide grants if warranted, and report to the
Committees on Appropriations of the House and the Senate on
its intentions:
$2,000,000 for the Drug Abuse Resistance Education
(DARE AMERICA) program;
$1,600,000 for continued support for the expansion
of Search Group, Inc. and the national Technical Assistance
and Training Program to assist States, such as West Virginia,
to accelerate the automation of fingerprint identification
processes;
$4,400,000 for the National Crime Prevention
Council to continue and expand the National Citizens Crime
Prevention Campaign, McGruff;
$800,000 for the Haymarket Center;
$5,000,000 for Project HomeSafe for safety packets
which include a gun locking device and information on how to
handle and store guns safely as described in the Senate
report;
$150,000 for the Ottawa County, MI, Sheriff's
Department to support crime fighting technologies;
$1,000,000 for the Tools for Tolerance Program;
$500,000 for the Littleton Area Learning Center;
$4,500,000 for the Executive Office of U.S.
Attorneys to support the National District Attorneys
Association's participation in legal education training at
the National Advocacy Center;
$2,000,000 for the Youth Safe Haven program;
$1,900,000 for the Families and Schools Together
(FAST) program;
$1,500,000 for Project Return in New Orleans, LA;
$2,000,000 for the Alaska Native Justice Center;
$400,000 for the Ridge House in Reno, NV;
$3,000,000 for a grant to the National Center for
Justice and the Rule of Law at the
[[Page H12456]]
University of Mississippi School of Law to sponsor research
and produce judicial education seminars and training for
judges, court personnel, prosecutors, police agencies, and
attorneys;
$350,000 for a grant to Turtle Mountain Community
College's Department of Justice for ``Project Peacemaker'';
$300,000 for the Chattanooga Endeavors program;
$750,000 for a grant to the University of Kentucky
College of Law for teleconferencing equipment for prosecutor
training;
$1,000,000 for the Fels Center at the University
of Pennsylvania for a demonstration fellowship project;
$1,400,000 for rural alcohol interdiction,
investigations, and prosecutions in the State of Alaska;
$150,000 for the MUSC Innovative Alternatives for
Women program;
$750,000 for the Nevada National Judicial College;
$3,000,000 for a grant for the National Fatherhood
Initiative;
$190,000 to the Hampshire County, MA, TRIAD
project;
$450,000 for the Gospel Rescue Mission;
$2,250,000 the Washington Metropolitan Area Drug
Enforcement Task Force and for expansion of the regional gang
tracking system;
$2,000,000 for the Rural Crime Prevention and
Prosecution program;
$1,000,000 for the Night Light program in San
Bernardino, CA to assign probation officers to patrol with
law enforcement during peak crime hours;
$800,000 for the Illegal Firearms Reduction
Program in Illinois;
$850,000 for the DuPage County Children's Sexual
Abuse Center;
$1,000,000 for Operation NITRO (Narcotics
Interdiction To Reduce Open-Air Drug Markets) in Newark, NJ;
$1,800,000 for the Center for Rural Law
Enforcement Technology and Training;
$2,505,000 for Kentucky Child Advocacy Centers;
$1,000,000 for a community court pilot project in
Los Angeles, CA;
$1,000,000 for a Neighborhood Policing Initiative
for the Homeless in Clearwater, FL;
$1,000,000 for the National Children's Advocacy
Center in Huntsville, Alabama for a Child Abuse Investigation
and Prosecution Enhancement Initiative;
$1,100,000 for the National Training and
Information Center;
$1,000,000 for the Doe Fund's Ready, Willing and
Able program;
$30,000 for the Crimestoppers program in
Lexington, KY, to expand its efforts to involve citizens in
crime prevention;
$1,000,000 for the Ben Clark Public Safety
Training program for law enforcement officers;
$3,000,000 for the Regional Mobile Gang Task Force
Enforcement Team in Orange County, CA;
$500,000 for the Local Initiative Support
Corporation;
$300,000 for the National Association of Town
Watch's National Night Out crime prevention program;
$2,000,000 for a Spokane County crime task force
for costs associated with State and local investigations;
$750,000 for Operation Child Haven;
$150,000 for the Samantha Reid Foundation;
$500,000 for the Sunflower House in Shawnee, KS;
and
$400,000 for the Domestic Violence Services for
Women in Substance Abuse Treatment and Substance Abuse
Treatment for Women in Domestic Violence Shelters project at
the University of Northern Iowa.
The conference agreement adopts the Senate report language
supporting the national motor vehicle title information
system. Within available resources for Byrne discretionary
grants, OJP is urged to review proposals, and provide grants
if warranted, to the Alaska Federation of Natives and the
Alaska court system for an alcohol law offenders program
using Naltrexone and other drug therapies.
Byrne Formula Grants.--The conference agreement provides
$500,000,000 for the Byrne Formula Grant program as proposed
in the House bill, instead of $400,000,000 as proposed in the
Senate-reported amendment.
Drug Courts.--The conference agreement includes $50,000,000
for drug courts, instead of $40,000,000 as proposed in the
Senate-reported amendment and the House bill. Localities may
also obtain funding for drug courts under the Local Law
Enforcement Block Grant program and the Juvenile
Accountability Incentive Block Grant program.
The conference agreement recognizes that there are
currently over 480 drug courts in the United States. These
drug courts play an important role in controlling the
behavior and drug addiction of drug-using offenders across
the Nation. Among these courts, there are only three
comprehensive drug court systems in the country, one of which
is in Denver, Colorado. Denver's adult drug court was
established in 1994 and recently a juvenile drug court was
established. The conference agreement recognizes the Denver
concept has demonstrated its efficacy and, with sufficient
resources, could serve as a model for other drug courts.
Juvenile Accountability Incentive Block Grant.--The
conference agreement provides $250,000,000 for the Juvenile
Accountability Incentive Block Grant program to address the
problem of juvenile crime as proposed in the House bill
instead of $100,000,000 as proposed in the Senate-reported
amendment.
Violence Against Women Act Grants.--The conference
agreement includes $288,679,000 for grants to support the
Violence Against Women Act, instead of $283,750,000 as
proposed in the House bill, and $284,854,000 as proposed in
the Senate-reported amendment. The conference agreement
provides funding under this account as follows:
General Grants............................................$210,179,000
Civil Legal Assistance...................................(31,625,000)
National Institute of Justice.............................(5,200,000)
OJJDP-Safe Start Program.................................(10,000,000)
Violence on College Campuses.............................(11,000,000)
Victims of Child Abuse Programs:
Court-Appointed Special Advocates.........................11,500,000
Training for Judicial Personnel............................2,000,000
Grants for Televised Testimony.............................1,000,000
Grants to Encourage Arrest Policies.........................34,000,000
Rural Domestic Violence.....................................25,000,000
Training Programs............................................5,000,000
________________
Total..................................................288,679,000
State Prison Drug Treatment.--The conference agreement
includes $63,000,000 for substance abuse treatment programs
within State and local correctional facilities, as proposed
in the House bill and the Senate-reported amendment. The
conference agreement prohibits funding in this program from
being used for aftercare programs.
Indian Country Alcohol and Crime Prevention.--The
conference agreement includes $5,000,000 for demonstration
grants on alcohol abuse and crime in Indian country. No
funding was proposed for this program in either the House
bill or the Senate-reported amendment. These funds are only
available for law enforcement activities.
Safe Return Program.--The conference agreement includes
$900,000 as proposed in both the House bill and the Senate-
reported amendment.
Law Enforcement Family Support.--The conference agreement
includes $1,500,000 for law enforcement family support
programs, as proposed in both the Senate-reported amendment
and the House bill.
Senior Citizens Against Marketing Scams.--The conference
agreement includes $2,000,000 for programs to assist law
enforcement in preventing and stopping marketing scams
against senior citizens, as proposed by both the House bill
and the Senate-reported amendment. The conference agreement
adopts by reference the Senate report language on the
National Advocacy Center and coordinating with the Federal
Trade Commission.
Motor Vehicle Theft Prevention.--The conference agreement
includes $1,300,000 for grants to combat motor vehicle theft
as proposed in the House bill.
The conference agreement adopts the House report language
by reference concerning false residential and commercial
alarms. The conference agreement also includes language
proposed in the House bill providing for Guam to be
considered a State under the Local Law Enforcement Block
Grant program and the Juvenile Accountability Incentive Block
Grant program.
WEED AND SEED PROGRAM
The conference agreement includes a direct appropriation of
$34,000,000 for the Weed and Seed program, instead of
$33,500,000 proposed by the House bill and $40,000,000 as
proposed by the Senate-reported amendment. The conference
agreement includes the expectation that an additional
$6,500,000 will be made available from the Assets Forfeiture
Super Surplus Fund.
Community Oriented Policing Services
The conference agreement includes $1,032,325,000 for the
Community Oriented Policing Services (COPS) program, instead
of $812,025,000 in the Senate-reported amendment and
$595,000,000 in the House bill. This conference agreement
assumes that $5,000,000 will be available to the program in
unobligated balances, providing for a total program level of
$1,037,325,000.
Police Hiring Initiatives.--The conference agreement
includes $470,000,000 for police hiring initiatives. Of this
amount $180,000,000 is provided specifically for school
resource officers and $35,000,000 is provided specifically
for hiring police officers for Indian Country, with an
additional $5,000,000 from unobligated
carryover balances from fiscal year 2000 for Indian Country
grants. Since fiscal year 1998, the COPS program has
recovered over $100,000,000 per year in prior year funds. The
conference agreement includes a provision requiring the COPS
program office to submit a reprogramming request to the
Committees on Appropriations before spending any funds made
available through prior year deobligations, with an exception
for program management and administration funding.
Safe Schools Initiative (SSI).--To address the issue of
violence in our schools, the conference agreement includes
$227,500,000 for the Safe Schools Initiative (SSI), including
funds for technology development, prevention, community
planning and school safety officers. Within this total,
$180,000,000 is from the COPS hiring program to provide
school resource officers who will work in partnership with
schools and other community-based entities to develop
programs to improve the safety of elementary and secondary
school children and educators in and
[[Page H12457]]
around schools; $15,000,000 is from the Juvenile Justice At-
Risk Children's Program and $15,000,000 is from the COPS
program ($30,000,000 total) for programs aimed at preventing
violence in schools through partnerships with schools and
community-based organizations; and $17,500,000 is provided
from the Crime Identification Technology Program to NIJ to
develop technologies to improve school safety.
Indian Country.--The conference agreement includes a total
of $40,000,000 to improve law enforcement capabilities on
Indian lands, both for hiring uniformed officers and for the
purchase of equipment and training for new and existing
officers, as proposed by the Senate. Of the $40,000,000 for
this program, $35,000,000 is from direct appropriations and
$5,000,000 is from unobligated balances.
Management and Administration.--The conference agreement
includes language that provides that not to exceed
$31,825,000 shall be expended for management and
administration of the program.
Non-Hiring Initiatives.--The COPS program reached its
original goal of funding 100,000 officers in May of 1999.
Accordingly, the conference agreement funds initiatives to
ensure there is adequate infrastructure for the new police
officers, similar to the focus that has been provided Federal
law enforcement. This will enable police officers to work
more efficiently, equipped with the protection, tools, and
technology they need; to address crime in and around schools;
to provide law enforcement technology for local law
enforcement; to combat the emergence of methamphetamine in
new areas and police ``hot spots'' of drug market activity;
and to make more bullet proof vests available for local law
enforcement officers and correctional officers. In addition,
the conference agreement provides funding for Community and
Gun Violence Prosecutors, law enforcement costs associated
with Offender Reentry programs and Police Integrity training.
The conference agreement includes funding for the following
non-hiring grant programs:
1. COPS Technology Program.--The conference agreement
includes $140,000,000 to be used for continued development of
technologies and automated systems to assist State and local
law enforcement agencies in investigating, responding to and
preventing crime. In particular, it supports the sharing of
criminal information and intelligence between State and local
law enforcement to address multi-jurisdictional crimes.
Within the amounts made available under this program, the
conference agreement includes the expectation that the COPS
office will award grants for the following technology
proposals:
$3,000,000 for a grant for the Law Enforcement On-Line
Program (LEO). The conference agreement directs the
Department of Justice to submit a report to the Committees on
Appropriations by February 1, 2001, on the future of the LEO
system. The report shall present the Department's vision for
LEO, interoperability of LEO with other FBI and Departmental
systems, and the relationship of LEO to the Global Justice
Information Network. The report should also include funding
requirements and a project time line for achieving the
Department's vision and address whether management of LEO
should remain with the FBI, or be transferred to JMD;
$500,000 for a grant to Delaware County, IN, for mobile
data terminals for law enforcement vehicles;
$250,000 for a grant to Clackamas County, OR, for police
communications equipment;
$1,000,000 for a grant to Jackson, MS, for law enforcement
technologies and equipment;
$5,000,000 for a grant to the National Center for Missing
and Exploited Children to continue the program created in
fiscal year 2000 that provides targeted technology to police
departments for the specific purpose of child victimization
prevention and response. The technology available to help law
enforcement find missing children is not at the level it
needs to be. Most police departments across the United States
do not have personal computers, modems, and scanners. The
departments that do rarely have them in areas focusing on
crimes against children;
Up to $3,000,000 for the acquisition or lease and
installation of dashboard mounted cameras for State and local
law enforcement on patrol. One camera may be used in each
vehicle which is used primarily for patrols. These cameras
are only to be used by State and local law enforcement on
patrol;
$800,000 for a grant to the National Center for Victims of
Crime--INFOLINK;
$3,000,000 for a grant to allow the Utah Olympic Public
Safety Command to implement the public safety master plan for
the 2002 Winter Olympic Games;
$300,000 for a grant to the Kansas City Community Security
Initiative to continue developing community policing models
in Kansas City neighborhoods;
$150,000 for a grant to establish a Computer Crime Unit
within the Montana Board of Crime Control;
$1,500,000 for a grant to the New Hampshire Department of
Safety to support Operation Streetsweeper;
$400,000 for a grant to the Western Missouri Public Safety
Training Institute for classroom and training equipment to
facilitate the training of public safety officers;
$3,500,000 for a grant to continue the Consolidated
Advanced Technologies for Law Enforcement Program at the
University of New Hampshire and the New Hampshire Department
of Safety, in cooperation with the National Resource Center
and the National Institute of Justice;
$400,000 for a grant to Mountain Village, CO, for public
safety information management systems related to law
enforcement;
$500,000 for a grant to Washington State for an electronic
jail booking and reporting system;
$850,000 for a grant to the South Carolina Law Enforcement
Division for a high technology crime investigative unit;
$500,000 for a grant to the National Center for Rural Law
Enforcement in Little Rock, AR, to continue providing
management education, research, forensics, computer, and
technical assistance and training to rural law enforcement
agencies, tribal police, and railroad police throughout the
Nation;
$130,000 for a grant to Jackson County, MS, for public
safety and automated system technologies related to law
enforcement;
$750,000 for grants to the Bennington, Brattleboro,
Newport, Montpelier, and Winooski, VT, for police technology
systems and equipment;
$900,000 for a grant to Billings, MT, for patrol car mobile
data terminals;
$100,000 for a grant to the Inglewood, CA, police
department for technology systems;
$600,000 for a grant for telecommunications upgrades in
rural areas of Montana to improve law enforcement response
times;
$750,000 for a grant to the Macon, GA, Police Department
for technology equipment and software;
$700,000 for a grant for a voice trunking system to assist
law enforcement in eastern North Carolina;
$1,000,000 for a grant to the North Star Borough for
centralized and computer aided dispatch equipment and a study
of needs;
$60,000 for a grant to Monroe County, MI, for a data
transmission mechanism for squad cars;
$600,000 for a grant to the State Police of Virginia for
computers and related equipment;
$5,000,000 for a grant for the Utah Communications Agency
Network (UCAN) for enhancements and upgrades of security and
communications infrastructure to assist with the law
enforcement needs arising from the 2002 Winter Olympics;
$250,000 for a grant to Lane County, OR, for an area
information records system;
$550,000 for a grant to the Clearwater Economic Development
Association to provide funding to sheriffs' offices in
Clearwater, Idaho, Lemhi, Lewis and Nez Perce counties, ID,
to buy radio communications equipment;
$200,000 for a grant to the Pawtucket, RI, Police
Department for patrol car mobile data terminals;
$150,000 for a grant to Bolivar County, MS, for public
safety equipment and automated system technologies to improve
county law enforcement;
$500,000 for a grant to the Maine State Police to upgrade
their police radio system;
$350,000 for a grant to Huntingdon County, PA, for rural
law enforcement technology needs;
$2,200,000 for a grant to the Alaska Department of Public
Safety for technology, policing, and enforcement initiatives;
$2,500,000 for a grant to the Virginia Department of State
Police for law enforcement technologies;
$200,000 for a grant to the Easley, SC, Police Department
for policing equipment upgrades and computer enhancements;
$110,000 for a grant to the Scotts Bluff County, NE,
consolidated communications center to improve law enforcement
response times;
$250,000 for a grant to the Vermont State Police for
computer and radio system upgrades and integration;
$3,000,000 for a grant for the Southeastern Law Enforcement
Technology Center's Coastal Plain Police Communications
initiative for regional law enforcement communications
equipment;
$1,300,000 for a grant to the Alaska Department of Public
Safety for the law enforcement photo network to provide
statewide access to the Alaska booking, driver, and ID
photographic information throughout the State;
$100,000 for a grant to the Lawrence, MA, Police Department
for a police identification management system;
$300,000 for a grant to Grand Rapids, MI, for computer
equipment for police officer vehicles;
$3,000,000 for a grant to the Milwaukee, WI, police
department for communications infrastructure equipment;
$500,000 for a grant to Nye County, NV, for computer
upgrades and other technologies;
$750,000 for a grant to the Vermont Department of Public
Safety for mobile communications technology upgrades for law
enforcement;
$1,650,000 for a grant to the South Carolina Law
Enforcement Division for emergency response technology
equipment, including datamasters;
$100,000 for a grant to Deschutes County, OR, for mobile
data and radio communications upgrades;
$750,000 for a grant to the City of Paducah and McCracken
County, KY, for a Public Safety Mobile Data System to assist
law enforcement;
$400,000 for a grant to the Arkansas Crime Information
Center to address software and hardware requirements;
$500,000 for a grant to the City of Seattle and King
County, WA, for technology upgrades and to assist with inter-
jurisdictional investigations;
[[Page H12458]]
$1,800,000 for a grant to the State of Alaska for the
training of Village Public Safety Officers and the purchase
of emergency response equipment;
$500,000 for a grant to Madison, WI, for communications
upgrades needed to address police radio transmitting capacity
and inter-agency communications;
$150,000 for a grant to the Yellowstone County, MT,
Sheriff's office for training technologies upgrades;
$1,500,000 for a grant to Baltimore, MD, for police
training programs and equipment;
$2,000,000 for a grant to Clark County, NV, to upgrade
mobile and in-vehicle computers;
$1,400,000 for a grant to the Virginia State Police's
Bureau of Criminal Intelligence Division for technical
equipment;
$500,000 for a grant to the Johnson County, KS, Sheriff's
Department for a countywide public safety radio network;
$400,000 for a grant to the Montgomery, AL, Police
Department for an integrated communications system;
$150,000 for a grant to the Bozeman, MT, police department
for high risk activity training equipment;
$100,000 for a grant to St. Clair County, MI, to assist
with law enforcement data needs;
$600,000 for a grant to the Alabama Department of Public
Safety for technology and automated systems to assist law
enforcement;
$3,000,000 for a grant for the continuation of the
Southwest Border States Anti-Drug Information System, which
will provide for the purchase and deployment of the
technology network between all State and local law
enforcement agencies in the four Southwest Border States;
$200,000 for a grant to Hall County, NE, for mobile data
computers for law enforcement;
$100,000 for a grant to Burrillville, RI, for a
communications system to assist law enforcement;
$200,000 for a grant to Irvington, NJ, for police
technology needs;
$3,000,000 for a grant for videoteleconferencing equipment
necessary to assist State and local law enforcement in
contacting the Immigration and Naturalization Service to
allow them to confirm the identification and status of
illegal and criminal aliens in their custody;
$2,000,000 for a grant to Ventura County, CA, for an
integrated justice information system;
$3,000,000 for a grant for the Southwest Alabama Justice
Integration Project;
$5,000,000 for a grant for the Ohio WEBCHECK system;
$1,750,000 for a grant to the Missouri State Highway Patrol
for an integration technology program;
$1,750,000 for a grant to the California Highway Patrol for
a communications system;
$3,000,000 for a grant for SmartCOP in Alabama;
$3,000,000 for a grant for Project Hoosier SAFE-T;
$2,920,000 for a grant for the Access to Court Electronic
Data for Criminal Justice Agencies project;
$600,000 for a grant to modernize and update law
enforcement technologies and equipment in East Baton Rouge
Parish, Livingston Parish and Ascension Parish, LA;
$1,000,000 for a grant to the Riverside, CA, police
department for mobile data terminals;
$1,000,000 for a grant to Orange County, CA, for a
seamless, integrated communications technology system;
$260,000 for a grant to Shively, KY, for police department
communications improvements;
$1,500,000 for a grant for the Citrus Heights, CA, police
force for computer networking and radios;
$250,000 for a grant for the Suffolk County, NY, Police
Department Technology Crimes Initiative;
$750,000 for a grant for Riviera Beach, FL, for a police
mobile radio system;
$750,000 for a grant for Clearwater, FL, for laptop
computers and printers for police vehicles and network
operations;
$750,000 for a grant for the cities of Arcadia, and Sierra
Madre, CA, to improve crime technology and communications
between the cities;
$600,000 for a grant for a computer-aided dispatch and
records management system for the Bells Garden, CA, police
department;
$3,000,000 for a grant for the Chattanooga, TN, Police
Department to improve information sharing;
$3,000,000 for a grant for the purchase and installation of
mobile data computers for the Huntsville, AL, police
department;
$83,000 for a grant for the Long County, GA, police
department for a communications system;
$3,500,000 for a grant for Pinellas County, FL, law
enforcement agencies to demonstrate with the Florida
Department of Motor Vehicles how facial recognition
technology may be used by police;
$1,300,000 for a grant for vehicle-mounted cameras and
equipment for the Jefferson County, KY, police department;
$3,000,000 for a grant for the Lexington, KY, police
department for communications equipment to improve officer
safety and effectiveness;
$350,000 for a grant for the Daviess County, KY, sheriff's
department for a wireless mobile information system;
$250,000 for a grant for the City of Falls Church, VA,
police department for a computer-aided dispatch and records
management system;
$3,000,000 for a grant for Yuma, AZ, for telecommunications
and technology infrastructure for law enforcement officers;
$152,000 for a grant for Mexico Beach, FL, to upgrade its
dispatch communications service;
$1,500,000 for a grant for an integrated public safety
records management and document imaging system for the
Wichita Police Department (KS);
$500,000 for a grant for the East Valley Regional Community
Analysis Center for a data warehousing project;
$7,500,000 for a grant for a regional law enforcement
technology program in Kentucky;
$1,235,000 for a grant for the Virgin Islands for
technology equipment and upgrades;
$1,500,000 for a grant for a justice tracking information
system (JUSTIS) for San Francisco, CA;
$230,000 for a grant for Glendale, CA, for police training
equipment and technologies;
$1,190,000 for a grant for Pasadena, CA, for a computerized
geographic information system;
$152,000 for a grant for the New Jersey State Police's
High-tech Crime Unit for technology equipment;
$50,000 for a grant for the Tuckahoe, NY, police department
for technology upgrades;
$1,000,000 for a grant for the Greater Atlanta Data Center;
$300,000 for a grant for the Berkshire County Regional
Strategic Response Team in Pittsfield, MA;
$500,000 for a grant for mobile data terminals for
Louisville, KY, to improve information retrieval on-scene and
greatly reduce time used to complete paperwork off-scene;
$750,000 for a grant for the Louisiana State Police for
communications and computer system upgrades for the Public
Safety Emergency Services Training Center;
$50,000 for a grant for the Bound Brook, NJ, police
department for law enforcement technologies;
$500,000 for a grant for the Tampa, FL, police department
for in-vehicle video cameras;
$750,000 for a grant for the North Carolina State Highway
Patrol for mobile data terminals;
$1,000,000 for the Center for Criminal Justice Technology;
$500,000 for a grant for the San Joaquin County, CA,
sheriff's office for technology enhancements; and
$1,000,000 for a grant for Minnesota for a radio system to
improve law enforcement communications in rural Minnesota.
2. COPS Methamphetamine/Drug ``Hot Spots'' Program.--The
conference Agreement provides $48,500,000 for State and local
law enforcement programs to combat methamphetamine
production, distribution, and use, and to reimburse the Drug
Enforcement Administration for assistance to State and local
law enforcement for proper removal and disposal of hazardous
materials at clandestine methamphetamine labs. The monies may
also be used for policing initiatives in ``hot spots'' of
drug market activity. The House bill proposed $45,675,000 and
the Senate-reported amendment proposed $41,700,000 for this
purpose.
Within the amount provided, the conference agreement
includes $20,000,000 to be reimbursed to the Drug Enforcement
Administration as described above. The conference agreement
expects the COPS office to award grants for the following
programs:
$2,000,000 to the Washington State Methamphetamine
Initiative for a comprehensive program to address
methamphetamine enforcement, treatment, and cleanup efforts;
$2,500,000 to the Midwest (Missouri) Methamphetamine
Initiative to train and provide related equipment to State
and local law enforcement officers on the proper recognition,
collection, removal, and destruction of methamphetamine;
$2,000,000 to the Kansas Bureau of Investigation to combat
methamphetamine and to train officers in those types of
investigations;
$750,000 to the Indiana State Police for a methamphetamine
program to address training, equipment, and removal
requirements;
$250,000 to the State Police of Virginia for an intensified
methamphetamine enforcement program;
$800,000 to Southern Utah law enforcement agencies to be
used to purchase remote methamphetamine detection
laboratories to identify infrastructure decay caused by the
disposal of hazardous and toxic chemicals;
$1,000,000 for the Mississippi Bureau of Narcotics to
combat methamphetamine and to train officers on the proper
recognition, collection, removal, and destruction of
methamphetamine;
$600,000 for the South Dakota Division of Alcohol and Drug
Abuse to expand its Community Mobilization Project to include
a methamphetamine prevention project;
$500,000 to the State of Illinois to combat methamphetamine
and to train officers in those type of investigations;
$800,000 to the State of Idaho to train State and local law
enforcement officers in the proper recognition, collection,
removal, and destruction of methamphetamine;
$1,000,000 for the Iowa Methamphetamine Clandestine Lab
Task Force;
$1,500,000 for the Arkansas Methamphetamine Law Enforcement
Initiative, of which, $150,000 is for the Arkansas State
Crime Lab to hire three additional chemists and $1,350,000 is
for the Arkansas State Police for training, enforcement, and
cleanup efforts;
$350,000 to the Nebraska Clan Lab Team for the Nebraska
Methamphetamine Fighting Initiative;
$1,000,000 for the Western Wisconsin Methamphetamine Law
Enforcement Initiative;
[[Page H12459]]
$1,000,000 for personnel, equipment, and training for
Arizona law enforcement to combat methamphetamine;
$250,000 for the Nye County, NV, Methamphetamine
Initiative;
$750,000 to the Alabama Department of Public Safety to
combat methamphetamine production and distribution;
$250,000 for the Hawaii Department of Public Safety,
Narcotics Enforcement Division to address methamphetamine
diversion, production, distribution, and enforcement efforts;
$400,000 for the Vermont State Multi-Jurisdictional Drug
Task Force;
$2,200,000 for the Tri-State Methamphetamine Training
Program (IA/SD/NE) to train officers from rural areas on
methamphetamine interdiction, covert operations, intelligence
gathering, locating clandestine laboratories, case
development, and prosecution;
$1,000,000 to form a Western Kentucky Methamphetamine
training program and provide equipment and personnel;
$1,000,000 for the Eastern Appalachian Taskforce on
Methamphetamine Eradication in Tennessee, including $100,000
to establish videoconferencing with the Hamilton County
District Attorney's Office;
$250,000 for the Polk County, FL, sheriff's office to
support additional law enforcement officers, intelligence
gathering and forensic capabilities, training and community
outreach programs for an expanded methamphetamine program;
$750,000 for Central Kentucky to assist local police and
sheriffs' departments with costs associated with combating
the production and distribution of methamphetamine;
$1,500,000 for the Oklahoma State Bureau of Investigation
for costs associated with combating the production and
distribution of methamphetamine; and
$300,000 for the Ascension Parish, LA, sheriff's office to
support officer training and outreach programs.
The conference agreement expects the COPS office to review
requests from the California Bureau of Narcotics
Enforcement's Methamphetamine Strategy and Merced County, CA,
and provide grants, if warranted.
3. COPS Safe Schools Initiative (SSI)/School Prevention
Initiatives.--The conference agreement includes $15,000,000
to provide resources for programs aimed at preventing
violence in public schools, and to support the assignment of
officers to work in collaboration with schools and community-
based organizations to address crime and disorder problems,
gangs, and drug activities, as proposed in the House bill and
the Senate-reported amendment. Within the overall amounts
recommended for this program, the conference agreement
includes the expectation that the COPS office will examine
each of the following proposals, provide grants if warranted,
and submit a report to the Committees on its intentions for
each proposal:
$3,000,000 for training by the National Center for Missing
and Exploited Children for law enforcement officers selected
to be part of the Safe Schools Initiative;
$541,000 for the Milwaukee schools' Summer Stars program;
$250,000 for the Sioux Falls, SD, school district to expand
an alternative educational support program for at-risk youth;
$250,000 for the Safe Schools program at the University of
Montana;
$500,000 for the School Security and Technology Center in
New Mexico;
$375,000 for the Kenosha County, WI, Sheriff's Department
to address school resource officer needs;
$350,000 for Berkeley, CA, for an intercom and surveillance
safety system;
$250,000 for the King County, WA, school resource officer
program;
$750,000 to the University of Louisville Center for the
Study and Prevention of Violence in Urban Schools;
$350,000 for Bennington, VT, for a teen delinquency
prevention project;
$1,500,000 for the Youth Advocacy Program;
$350,000 for the Alaska Community in Schools Mentoring
program;
$750,000 for Compton, CA, for the Youth Center and After
School Initiative;
$2,000,000 for the National Center for Rural Law
Enforcement for the school violence research center;
$375,000 for the Waukesha, WI, Police Department to address
school resource officer requirements;
$150,000 for the Nevada Foundation for Youth Development;
$495,000 for the Home Run Program;
$500,000 for the Safer School Initiative in Maricopa
County, AZ;
$1,300,000 to setup the Aggressors, Victims and Bystanders
Demonstration Project for Palm Beach County, FL, middle
schools;
$120,000 for the Copiague School District School Safety
Program; and
$80,000 for the Lindenhurst School Violence Program.
4. COPS Bullet-Proof Vests Initiative.--The conference
agreement includes $25,500,000 to provide State and local law
enforcement officers with bullet-proof vests. The House bill
provided $25,000,000 for this program and the Senate-reported
amendment provided $26,000,000.
5. Police Corps.--The conference agreement includes
$29,500,000 for the Police Corps as proposed in the Senate-
reported amendment instead of $15,000,000 as proposed in the
House bill.
6. Crime Identification Technology Act Program [CITA].--As
included in both the House bill and the Senate-reported
amendment, the conference agreement provides $130,000,000 for
the CITA program, to be used and distributed pursuant to the
Crime Identification Technology Act of 1998, Public Law 105-
251. Under that Act, eligible uses of the funds are (1)
upgrading criminal history and criminal justice record
systems; (2) improvement of criminal justice identification,
including fingerprint-based systems; (3) promoting
compatibility and integration of national, State, and local
systems for criminal justice purposes, firearms eligibility
determinations, identification of sexual offenders,
identification of domestic violence offenders, and background
checks for other authorized purposes; (4) capture of
information for statistical and research purposes; (5)
developing multi-jurisdictional, multi-agency communications
systems; and (6) improvement of capabilities in forensic
sciences, including DNA.
Jennifer's Law (P.L. 106-177) authorizes funds for States
to apply for competitive grants to cover the costs associated
with entering complete files on unidentified victims into the
FBI's National Crime Information Center (NCIC). This law
provides incentives for States to report to the NCIC
information on unidentified, deceased persons and will give
law enforcement officials the opportunity to identify missing
children who are reported as ``unidentified''. The conference
agreement notes that funding provided under CITA is
authorized to fund these costs and encourages States to use
CITA funds for this purpose.
Within the amounts provided, the Office of Justice Programs
is directed to provide grants to the following:
$500,000 for Hamilton County, OH, for a juvenile case
management system and integrated automated fingerprint
information system;
$150,000 for Kalamazoo County, MI, to integrate its
criminal justice system data on-line;
$100,000 for Ogden, UT, for public safety and automated
system technologies;
$2,500,000 for the Missouri State Court Administrator for
the Juvenile Justice Information System to enhance
communication and collaboration between juvenile courts, law
enforcement, schools, and other agencies;
$1,250,000 for the Alaska Department of Public Safety for
an information network;
$150,000 for Logan County, OH, to support a regional
planning criminal information infrastructure system;
$4,000,000 for the State Police of NH, for a VHF trunked
digital radio system;
$4,700,000 for the State of Minnesota for a criminal
justice integrated information system, of which $700,000
shall be allocated to Hennepin County;
$2,000,000 to automate the criminal records management
system in San Diego, CA;
$1,500,000 to upgrade the Indianapolis Automated
Fingerprint Identification System; and
$1,500,000 for an information technology project in Wayne
County, MI, to improve communications and information sharing
between local, State and Federal law enforcement.
Safe Schools Technology.--Within the amounts available for
crime identification technology, the conference agreement
includes $17,500,000 for Safe Schools technology to continue
funding NIJ's development of new, more effective safety
technologies such as less obtrusive weapons detection and
surveillance equipment and information systems that provide
communities quick access to information they need to identify
potentially violent youth. The conference agreement adopts by
reference the Senate report language regarding a competitive
grant to a university based technology center.
Upgrade Criminal History Records (Brady Act).--Within the
amounts available for crime identification technology, the
conference agreement provides $35,000,000 for States to
upgrade criminal history records so that these records can
interface with other databases holding information on other
categories of individuals who are prohibited from purchasing
firearms under Federal or State statute. Additionally, the
national sexual offender registry (NSOR) component of the
Criminal History Records Upgrade Program has two principal
objectives. The registry assists States in developing
complete and accurate in-State registries. It will also
assist States in sharing their registry information with the
FBI system which identifies those offenders for whom special
law enforcement interest has been noted.
DNA Backlog Grants/Crime Laboratory Improvement Program
(CLIP).--Within the amounts available for crime
identification technology, the conference agreement includes
$30,000,000 for grants to reduce DNA backlogs and for the
Crime Laboratory Improvement Program (CLIP). The CLIP/DNA
Program supports State and local government crime
laboratories to develop or improve the capability to analyze
DNA in a forensic laboratory, as well as other general
forensic science capabilities. Within the amounts provided
under CITA, it is expected that the Office of Justice
Programs will provide grants to the following programs:
$400,000 to the Southeast Missouri Crime Laboratory; $450,000
to the Rhode Island State Crime Laboratory; $650,000 to the
Georgia State Crime Laboratory; $950,000 to the Iowa Forensic
Science Improvement Initiative; $2,500,000 to the South
Carolina Law Enforcement Division's forensic laboratory;
$2,000,000 to the Marshall University Forensic Science
program; $4,000,000 to the West
[[Page H12460]]
Virginia University Forensic Identification Program; $500,000
to the Vermont Forensic Laboratory; $2,500,000 to the
National Center for Forensic Science at the University of
Central Florida; $500,000 to the National Academy for
Forensic Computing and Investigation in Charlotte, NC;
$500,000 to Ohio forensic science laboratory improvements;
$150,000 to the Kansas Bureau of Investigations for a new
latent fingerprint examination instrument; $650,000 to the
Bellevue, WA, Police Department's Forensic Services Unit;
$700,000 to the Arizona Department of Public Safety Southern
Regional Crime Laboratory for forensic equipment; and
$2,600,000 to the National Forensic Science Technology
Center.
The conference agreement encourages the CLIP/DNA program to
support within existing funds the Mississippi Crime Lab in
improving its capacity to analyze and process forensic, DNA
and toxicology evidence and in upgrading its technology.
The conference agreement adopts the Senate report language
directing OJP to conduct a study of the funding requirements
for the operation of forensic science laboratories given the
caseload growth and backlog.
7. Community Prosecutors.--The conference agreement
includes $100,000,000 for the Community Prosecutors program.
The House bill and the Senate-reported amendment did not
include funding for this program. Of the funds provided,
$25,000,000 is for continuation of the current community
prosecutors program and $75,000,000 is for community
prosecutors in high gun violence areas. The $75,000,000 is to
be used exclusively for community prosecutors to prosecute
cases involving violent crimes committed with guns, and
violations of gun statutes in cases involving drug
trafficking and gang-related crime in high gun violence
areas. The Department of Justice is directed to submit a
report to the Committees on Appropriations by December 15,
2000, outlining how the $75,000,000 for community prosecutors
in high gun violence areas will be spent. The report shall
include but not be limited to the following information: (1)
a definition of a high gun violence area; (2) the amount of
funding per prosecutor that will be provided; and (3) an
explanation of how local communities will be able to continue
to employ the prosecutors that are hired after the grant has
expired.
8. Offender Reentry.--In recognition of the public safety
issues generated by the increasing number of offenders who
have served their sentences and are returning from jails and
prisons to our communities, the conference agreement includes
$30,000,000 for the law enforcement costs related to
establishing offender reentry programs. The House bill did
not include funding for this program and the Senate-reported
amendment included $7,000,000 for this program within State
Prison Grants.
Offender reentry programs establish partnerships among
institutional corrections, community corrections, social
services programs, community policing and community leaders
to prepare for more successful returns of inmates to their
home neighborhoods. The $30,000,000 provided is intended to
fund law enforcement participation and coordination of
offender reentry programs. These funds are not provided to
teach job training skills or provide alcohol or drug abuse
treatment. The Department of Justice is directed to submit an
implementation plan to the Committees on Appropriations by
December 15, 2000, outlining how the funds will be spent. The
report shall include the following: (1) a description of the
law enforcement costs that will be funded; (2) an explanation
of how the non-law enforcement costs such as job training,
education, and drug treatment will be funded; (3) an
explanation of how this program is being coordinated with the
Departments of Labor and Health and Human Services; and (4)
an explanation of how local communities will be able to fund
the operational costs of this program after their grants
expire.
9. Police Integrity Program.--The conference agreement
provides $17,000,000 for police integrity training to provide
training and technical assistance grants to develop and
implement new policing methods and strategies. Neither the
House bill nor the Senate-reported amendment included funding
for this initiative.
JUVENILE JUSTICE PROGRAMS
The conference agreement includes $298,597,000 for Juvenile
Justice programs, instead of $287,097,000 as proposed in the
House bill and $279,697,000 as proposed in the Senate-
reported amendment. The conference agreement includes the
understanding that changes to Juvenile Justice and
Delinquency Prevention Programs are being considered in the
reauthorization of the Juvenile Justice and Delinquency Act
of 1974. However, absent completion of this reauthorization
process, the conference agreement provides funding consistent
with the current Juvenile Justice and Delinquency Prevention
Act. The conference agreement includes language that provides
that funding for these programs shall be subject to the
provisions of any subsequent authorization legislation that
is enacted.
Juvenile Justice and Delinquency Prevention.--Of the total
amount provided, $279,097,000 is for grants and
administrative expenses for Juvenile Justice and Delinquency
Prevention programs including:
1. $6,847,000 for the Office of Juvenile Justice and
Delinquency Prevention (OJJDP) (Part A).
2. $89,000,000 for Formula Grants for assistance to State
and local programs (Part B).
3. $50,250,000 for Discretionary Grants for National
Programs and Special Emphasis Programs (Part C). Within the
amount provided for Part C discretionary grants, OJJDP is
directed to review the following proposals, provide a grant
if warranted, and submit a report to the Committees on
Appropriations of the House and the Senate on its intentions
regarding:
$3,000,000 for Parents Anonymous, Inc., to develop
partnerships with local communities to build and support
strong, safe families and to help break the cycle of abuse
and delinquency. The conference agreement directs Parents
Anonymous to open up an active dialog with those
organizations no longer associated with the program. With a
concerted effort by all parties, problematic issues can be
resolved which will ultimately benefit the cause of child
abuse prevention;
$1,000,000 to continue the Achievable Dream after-school
program for at-risk youth;
$3,000,000 to continue funding for the National Council of
Juvenile and Family Courts which provides continuing legal
education for family and juvenile law;
$1,900,000 for continued support of law-related education;
$1,500,000 for continuation of the Center for Research on
Crimes Against Children which focuses on improving the
handling of child crime victims by the justice system;
$1,500,000 for equipment and programming costs at the Brown
County, SD, Juvenile Detention Center;
$750,000 for juvenile drug treatment services in Cook
County, IL;
$250,000 to the Low Country Children's Center;
$1,500,000 to expand the Milwaukee Safe and Sound Program
to other Milwaukee neighborhoods;
$150,000 to the Mel Blount Youth Home;
$300,000 to the New Mexico PAL program;
$250,000 to the juvenile assessment center in Billings, MT,
for child and family intervention programs;
$150,000 to Sioux Falls, SD, Turning Point locations,
including the Bowden Youth Center;
$300,000 to the New Mexico Cooperative Extension Service 4-
H Youth Development Program;
$1,000,000 for Project Escape;
$400,000 to the Institute for Character Development, Civic
Responsibility, and Leadership at Neumann College;
$750,000 to Utah State University's Youth and Families with
a Promise program;
$120,000 to the South Dakota Unified Judicial System to
continue the Intensive Juvenile Probation program;
$250,000 to the Hawaii Navigator Project;
$500,000 to the North Eastern Massachusetts Law Enforcement
Council;
$150,000 to the Vermont Coalition of Teen Centers;
$250,000 to the Better Way program in Muncie, IN;
$350,000 to drug prevention programs in Shelby County, KY;
$150,000 to the South Dakota Network Against Family
Violence and Sexual Assault;
$100,000 to the Alfred University Coordinating County
Services for Families and Youth program;
$500,000 to the Kansas YouthFriends program;
$500,000 to perform a national demonstration of the
Learning for Life Program which is then to be replicated by
the Gulf Ridge Council and others;
$1,500,000 to the State of Alaska for a child abuse
investigation program;
$1,250,000 to Aberdeen, SD, for a youth enrichment program;
$438,000 to the National Association of State Fire Marshals
for implementing a national juvenile fire-setter intervention
mobilization plan that will facilitate and promote the
establishment of juvenile fire-setter intervention programs
based on existing model programs at the State and local
level;
$3,000,000 for the ``Innovative Partnerships for High Risk
Youth'' demonstration;
$7,500,000 for the Youth ChalleNGe Program;
$300,000 to Prevent Child Abuse America for the programs of
the National Family Support Roundtable;
$2,000,000 to continue the L.A.'s Best youth program;
$500,000 to the Culver City Juvenile Crime Diversion
Initiative;
$275,000 to the Sports Foundation to work with at-risk
youth;
$300,000 to the No Workshops * * * No Jump Shots program to
provide case management, counseling and mandatory workshops
for at-risk youth;
$1,000,000 to the Greater Heights program to provide at-
risk youth with mentoring, positive activities, networking
and alternatives to incarceration;
$500,000 to Our Next Generation;
$1,000,000 to the Youth Crime Watch of America;
$150,000 to Operation Quality Time;
$1,300,000 to the Suffolk University Center for Juvenile
Justice;
$1,000,000 for Drug Free America;
$750,000 to New Mexico State University to establish an
After School Services Pilot Program for at-risk youth;
$250,000 for the Culinary Education Training for At-Risk
Youth in Miami-Dade, FL;
$1,000,000 to Mount Vernon, NY, to provide after-school
services to at-risk youth;
$500,000 to the Lourdes Health Network in Pasco, WA, for
extension of the school year
[[Page H12461]]
program for youth and adolescents at risk of delinquency;
$250,000 to the Ella H. Baker House to support its juvenile
delinquency intervention and prevention programs;
$365,000 to Project Bridge to continue to assist at-risk
youths in Riverside County, CA;
$500,000 to Wichita State University for a juvenile justice
program;
$500,000 to the Wayne County Department of Community
Justice for an at-risk youth program including prevention and
intervention services;
$1,000,000 for the West Farms program to assist at-risk
youth; and
$50,000 for the Maryhurst Youth Center.
The conference agreement recognizes Project CRAFT
(Community Restitution and Apprenticeship-Focused Training)
as a successful model and proven intervention technique in
the rehabilitation and reduced recidivism of accused and
adjudicated juvenile offenders. The OJP is encouraged to work
in cooperation with the Department of Labor to replicate
Project CRAFT in order to offer at-risk and adjudicated youth
pre-apprenticeship training and job placement in the
residential construction trades.
4. $12,000,000 to expand the Youth Gangs (Part D) program
which provides grants to public and private nonprofit
organizations to prevent and reduce the participation of at-
risk youth in the activities of gangs that commit crimes.
5. $10,000,000 for Discretionary Grants for State Challenge
Activities (Part E) to increase the amount of a State's
formula grant by up to 10 percent, if that State agrees to
undertake some or all of the ten challenge activities
designed to improve various aspects of a State's juvenile
justice and delinquency prevention program.
6. $16,000,000 for the Juvenile Mentoring Program (Part G)
to reduce juvenile delinquency, improve academic performance,
and reduce the drop-out rate among at-risk youth by bringing
young people in high crime areas together with law
enforcement officers and other responsible adults who are
willing to serve as long-term mentors. OJJDP is directed to
provide a $3,000,000 grant for the Big Brothers/Big Sisters
of America program.
7. $95,000,000 for the At Risk Children's Program (Title
V). Under Title V juvenile justice programs, the At Risk
Children's Program provides funding to support comprehensive
delinquency prevention plans formulated at the community
level. The program targets truancy and school violence;
gangs, guns, and drugs; and other influences that lead
juveniles to delinquency and criminality.
Safe School Initiative (SSI).--The conference agreement
includes $15,000,000 within Title V grants for the Safe
School initiative as proposed in the Senate report. Within
the amount provided, OJJDP is directed to review the
following proposals, provide grants if warranted, and submit
a report to the Committees on Appropriations on its
intentions regarding:
$3,600,000 to the Hamilton Fish National Institute on
School and Community Violence;
$1,250,000 to the Teens, Crime, and Community Program;
$200,000 to the Decatur Mentoring Project in Decatur, IL;
$250,000 to an Allegheny County, PA, youth development
program;
$1,000,000 to establish and enhance after-school programs
for at-risk youth in Baltimore, MD;
$750,000 to the University of South Alabama for Youth
Violence Prevention Research;
$900,000 to the Stop Truancy Outreach program;
$58,000 to the Southern Kentucky Truancy Diversion program;
$1,000,000 to the ``I Have a Dream'' foundation for at-risk
youth program;
$500,000 to the Family, Career, and Community Leaders of
America (FCCLA), STOP the Violence--Students Taking On
Prevention Project; and
$1,000,000 to the Little Rock School District to create a
safe, secure and healthy school environment.
Tribal Youth Program.--The conference agreement includes
$12,500,000 within the Title V grants for programs to reduce,
control and prevent crime, as proposed in the Senate report.
Enforcing the Underage Drinking Laws Program.--The
conference agreement includes $25,000,000 within the Title V
grants for programs to assist States in enforcing underage
drinking laws, as proposed in the Senate report. Within the
amounts provided for underage drinking, OJP shall make awards
of $700,000 to expand Oregon Partnership programs and
$500,000 to the Sam Houston State University and Mothers
Against Drunk Driving for the National Institute of Victims
Studies.
Drug Prevention Program.--The conference agreement includes
$11,000,000 as proposed in the House bill to develop,
demonstrate and test programs to increase the perception
among children and youth that drug use is risky, harmful, or
unattractive.
Victims of Child Abuse Act.--The conference agreement
includes $8,500,000 for the various programs authorized under
the Victims of Child Abuse Act (VOCA), as proposed in the
House bill. The following programs are included in the
agreement:
$1,250,000 to Regional Children's Advocacy Centers, as
authorized by section 213 of VOCA;
$5,000,000 to establish local Children's Advocacy Centers,
as authorized by section 214 of VOCA;
$1,500,000 for a continuation grant to the National Center
for Prosecution of Child Abuse for specialized technical
assistance and training programs to improve the prosecution
of child abuse cases, as authorized by section 214a of VOCA;
and
$750,000 for a continuation grant to the National Network
of Child Advocacy Centers for technical assistance and
training, as authorized by section 214a of VOCA.
PUBLIC SAFETY OFFICERS BENEFITS
The conference agreement includes $35,624,000, instead of
$33,224,000 as proposed in the House bill and the Senate-
reported amendment. This includes $33,224,000 for the death
benefits program and $2,400,000 for the disability benefits
program. In addition to the $2,400,000 appropriated for
disability benefits, it is estimated there will be $500,000
in available disability carryover balances for a total of
$2,900,000 for disability payments in fiscal year 2001.
In addition, the conferees understand that there is an
estimated $2,300,000 unobligated balance available for the
Education Assistance to Dependents Program in fiscal year
2001. This amount is estimated to be sufficient to cover the
cost of this program, which has recently been expanded to
provide benefits to the children and spouses of Federal,
State and local public safety officers permanently disabled
in the line of duty as long ago as 1978.
General Provisions--Department of Justice
The conference agreement includes the following general
provisions for the Department of Justice:
Section 101.--The conference agreement includes section
101, identical in the House bill and the Senate-reported
amendment, which makes up to $45,000 of the funds
appropriated to the Department of Justice available for
reception and representation expenses.
Sec. 102.--The conference agreement includes section 102,
modified from language proposed in the House bill and the
Senate-reported amendment, which continues certain
authorities for the Department of Justice contained in the
Department of Justice Appropriation Authorization Act, fiscal
year 1980, until enactment of subsequent authorization
legislation.
Sec. 103.--The conference agreement includes section 103,
as proposed in the House bill, which prohibits the use of
funds to perform abortions in the Federal Prison System. The
Senate-reported amendment did not include a similar
provision.
Sec. 104.--The conference agreement includes section 104,
as proposed in the House bill, which prohibits the use of
funds to require any person to perform, or facilitate the
performance of, an abortion. The Senate-reported amendment
did not include a similar provision.
Sec. 105.--The conference agreement includes section 105,
as proposed in the House bill, which states that nothing in
the previous section removes the obligation of the Director
of the Bureau of Prisons to provide escort services to female
inmates who seek to obtain abortions outside a Federal
facility. The Senate-reported amendment did not include a
similar provision.
Sec. 106.--The conference agreement includes section 106,
identical in both the House bill and the Senate-reported
amendment, which allows the Department of Justice to spend up
to $10,000,000 for rewards for information regarding acts of
terrorism against a United States person or property at
levels not to exceed $2,000,000 per reward.
Sec. 107.--The conference agreement includes section 107,
as proposed in the House bill, which continues the current 5
percent and 10 percent limitations on transfers among
Department of Justice accounts. The Senate-reported amendment
included a minor technical difference in the language.
Sec. 108.--The conference agreement includes section 108,
as proposed in the House bill, which sets forth the grant
authority of the Assistant Attorney General for the Office of
Justice Programs and makes these authorities permanent. The
Senate-reported amendment included such authorities only for
fiscal year 2001.
Sec. 109.--The conference agreement includes section 109,
as proposed in the House bill, which continues a provision in
the fiscal year 2000 Appropriations Act to allow assistance
and services to be provided to the families of the victims of
Pan Am 103. The Senate-reported amendment did not include a
similar provision.
Sec. 110.--The conference agreement includes a new
provision, numbered as section 110, which modifies section
641 of the Illegal Immigration Reform and Immigrant
Responsibility Act (IIRIRA) to reduce the fees charged to au
pairs, camp counselors, and participants in summer work
travel programs for collection of certain information. The
Senate-reported amendment included a provision to repeal
section 641 and section 110 of the IIRIRA, while the House
bill did not address this matter.
Sec. 111.--The conference agreement includes section 111,
modified from language proposed in the House bill, which
relates to the payment of certain compensation from funds
appropriated to the Department of Justice. A similar
provision was included as section 113 of the Senate-reported
amendment.
Sec. 112.--The conference agreement includes section 112,
as proposed in the House bill, which establishes fees for
genealogy
[[Page H12462]]
services and voluntary premium processing for Immigration and
Naturalization Service activities. The Senate-reported
amendment did not include a similar provision.
Sec. 113.--The conference agreement includes section 114,
proposed as section 110 in the Senate-reported amendment,
which allows funds to be provided to the FBI from the Crime
Victims Fund to improve services to crime victims. Additional
direction regarding implementation of this provision is
included under the FBI Salaries and Expenses account. In
addition, the conference agreement assumes that funding will
continue to be provided to the U.S. Attorneys to support the
current number of victim witness coordinators in fiscal year
2001, as was provided from the Fund in fiscal year 2000.
Sec. 114.--The conference agreement includes section 115,
proposed as section 112 in the Senate-reported amendment,
which permanently allows funds appropriated to the Federal
Bureau of Prisons (BOP) to be used to place prisoners in
privately operated prisons provided that the Director of BOP
determines such placement is consistent with Federal
classification standards. The House bill did not include a
similar provision.
Sec. 115.--The conference agreement includes section 116,
proposed as section 114 in the Senate-reported amendment,
which makes available up to $1,000,000 for technical
assistance from funds appropriated for part G of title II of
the Juvenile Justice and Delinquency Prevention Act of 1974,
as amended. The House bill did not include a similar
provision.
Sec. 116.--The conference agreement includes section 117,
proposed as section 115 in the Senate-reported amendment,
which makes available funds provided in fiscal year 2000 for
certain activities. The House bill did not include a similar
provision.
Sec. 117.--The conference agreement includes section 118,
proposed as section 116 in the Senate-reported amendment,
which permanently prohibits funds from being provided to any
local jail that runs a ``pay to stay'' program. The House
bill did not include a similar provision.
Sec. 118.--The conference agreement includes a new
provision which allows the Attorney General to enter into
contracts and other agreements for detention and
incarceration space and facilities on any reasonable basis.
The House bill and the Senate-reported amendment included
similar language elsewhere in Title I of this Act.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT RELATED AGENCIES
Office of the United States Trade Representative
SALARIES AND EXPENSES
The conference agreement includes $29,517,000 for the
salaries and expenses of the Office of the United States
Trade Representative (USTR) instead of $29,433,000 as
proposed in the House bill and $29,600,000 as proposed in the
Senate-reported amendment. The USTR is directed to provide
the necessary space within its Geneva offices for use by
Department of Commerce Import Administration personnel
working with the USTR on issues related to antidumping and
countervailing duties.
International Trade Commission
SALARIES AND EXPENSES
The conference agreement includes $48,100,000 for the
salaries and expenses of the International Trade Commission
(ITC) instead of $46,995,000 as proposed in the House bill
and $49,100,000 as proposed in the Senate-reported amendment.
The conference agreement incorporates by reference report
language in both the Senate and House reports.
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The conference agreement includes $337,444,000 in new
budgetary resources for the operations and administration of
the International Trade Administration (ITA) for fiscal year
2001, of which $3,000,000 is derived from fee collections,
instead of $321,448,000 as proposed by the House bill, and
$318,686,000 as proposed by the Senate-reported amendment.
The conference agreement does not include Senate-reported
amendment language regarding Executive Direction and
Administration funding. ITA is, however, directed to adhere
to the reprogramming procedures set forth in section 605 of
this Act, and to submit a spending plan.
The following table reflects the distribution of funds by
activity included in the conference agreement:
Trade Development..........................................$64,747,000
Market Access and Compliance................................25,555,000
Import Administration.......................................40,645,000
U.S. & F.C.S...............................................194,638,000
Executive Direction and Administration......................11,859,000
Fee Collections.............................................(3,000,000)
________________
Total, ITA.............................................334,444,000
Trade Development (TD).--The conference agreement provides
$64,747,000 for this activity. Of the amounts provided,
$50,992,000 is for the TD base program, $9,750,000 is for the
National Textile Consortium, $3,000,000 is for the Textile/
Clothing Technology Corporation, and $250,000 is for the
requested export database. Existing members of the National
Textile Consortium should receive funding at the fiscal year
2000 level and the remaining $750,000 is available for new
members on a competitive basis. Further, the conference
agreement includes $255,000 for the Access Mexico program and
$500,000 for continuation of the international global
competitiveness initiative as recommended in the House
report.
Market Access and Compliance (MAC).--The conference
agreement includes a total of $25,555,000 for this activity.
Of the amounts provided, $18,755,000 is for the base program,
$500,000 is for the strike force teams initiative as provided
in the current year, and $6,300,000 is for the trade
enforcement and compliance initiative, the full amount
requested in the budget. Senate report language regarding the
Mid-American Regional Council is incorporated by reference.
Import Administration.--The conference agreement provides
$40,645,000 for the Import Administration. Requested program
increases are included as follows: $1,250,000 for overseas
compliance; $2,225,000 for China and Japan compliance; and
$3,000,000 for import surge monitoring enforcement. Funding
for a trade-law technical assistance center and a World Trade
Organization initiative is not included. Senate report
language on ITA and USTR work is included by reference.
U.S. and Foreign Commercial Service (US & FCS).--The
conference agreement includes $194,638,000 for the programs
of the US & FCS, the same amount provided in the House bill
and $23,923,000 above the Senate-reported amendment. House
report language regarding the Rural Export Initiative, the
Global Diversity Initiative, and base resources is adopted by
reference. Senate report language regarding the US & FCS's
work on the Appalachian-Turkish Trade Project is adopted by
reference.
Executive Direction and Administration.--The conference
agreement includes $11,859,000 in direct appropriations and
$847,000 in prior year carryover, providing total
availability of $12,706,000 for the administrative and policy
functions of the ITA. The conference agreement does not
include Senate-reported amendment language regarding
Executive Direction and Administration funding.
House report language regarding trade missions, buying
power maintenance, and trade show revenues is included by
reference.
Export Administration
OPERATIONS AND ADMINISTRATION
The conference agreement includes $64,854,000 for the
Bureau of Export Administration (BXA) instead of $53,833,000
as proposed in the House bill and $61,037,000 as proposed in
the Senate-reported amendment. The conference agreement
assumes $425,000 will be available from prior year carryover.
Of the amount provided, $31,328,000 is for Export
Administration base, including Chemical Weapons Convention
(CWC) implementation and $7,250,000 is for CWC inspections;
$25,033,000 is for Export Enforcement, including $500,000 for
computer export verification as in the current year and
$1,000,000 for the Chemical Weapons Convention Treaty;
$4,051,000 is for Management and Policy Coordination; and
$4,867,000 is for the Critical Infrastructure Assurance
Office (CIAO). The House report language regarding the final
year of operation for the CIAO is incorporated by reference.
The conference agreement does not include under this
heading, a provision proposed in the House bill regarding the
processing of licenses for the export of satellites to the
People's Republic of China. The conference agreement includes
an identical provision under ``Department of State,
Diplomatic and Consular Programs'', as proposed in the
Senate-reported amendment.
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The conference agreement includes $411,879,000 for Economic
Development Administration (EDA) grant programs instead of
$361,879,000 as proposed in the House bill and $218,000,000
as proposed in the Senate-reported amendment.
Of the amounts provided, $286,700,000 is for Public Works
and Economic Development, $49,629,000 is for Economic
Adjustment Assistance, $31,450,000 is for Defense Conversion,
$24,000,000 is for Planning, $9,100,000 is for Technical
Assistance, including University Centers, $10,500,000 is for
Trade Adjustment Assistance, and $500,000 is for Research.
EDA is expected to allocate the funding as directed in the
House report. The conference agreement does not include set-
aside funding for specific sectors or populations that was
requested in the budget. The authorized, traditional programs
provide support for all communities facing economic hardship.
Within the funding for Economic Adjustment Assistance, EDA is
expected to increase funding for assistance to the timber and
coal industries above fiscal year 2000 levels. In addition,
EDA is expected to provide resources for communities affected
by economic downturns due to United States-Canadian trade-
related issues, New England fisheries impacted by
regulations, and communities impacted by NAFTA, as directed
in the Senate report.
The conference agreement makes funding under this account
available until expended, as proposed in both the House bill
and the Senate-reported amendment.
SALARIES AND EXPENSES
The conference agreement includes $28,000,000 for salaries
and expenses of the EDA instead of $26,499,000 as proposed in
the House bill and $31,542,000 as proposed in the
[[Page H12463]]
Senate-reported amendment. This funding will allow EDA to
increase its level of administrative operations to manage
increased program funding levels. The EDA is directed to
aggressively pursue all opportunities for reimbursement,
deobligations, and use of non-appropriated resources to
achieve efficient and effective control of EDA programs.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The conference agreement includes $27,314,000 for the
programs of the Minority Business Development Agency (MBDA),
as proposed in the House bill, instead of $27,000,000 as
proposed in the Senate-reported amendment. House report
language regarding the Entrepreneurial Technology
Apprenticeship Program is included by reference.
ECONOMIC AND INFORMATION INFRASTRUCTURE
Economic and Statistical Analysis
SALARIES AND EXPENSES
The conference agreement includes $53,745,000 for salaries
and expenses of the activities funded under the Economic and
Statistical Analysis account, instead of $49,499,000 as
proposed in the House bill and $53,992,000 as proposed in the
Senate-reported amendment. Funding is included to begin the
necessary task of updating and improving statistical
measurements of the U.S. economy, international transactions,
and the effects of e-business, as referenced in the Senate
report. House report language regarding the Integrated
Environmental-Economic Accounting initiative is included by
reference.
Bureau of the Census
The conference agreement provides total spending of
$733,633,000 for the Bureau of the Census for fiscal year
2001, instead of a direct appropriation of $670,867,000 as
proposed in the House bill, and a direct appropriation of
$693,610,000 as proposed in the Senate-reported amendment.
salaries and expenses
The conference agreement includes $157,227,000 for the
Salaries and Expenses of the Bureau of the Census for fiscal
year 2001, instead of $140,000,000 as proposed in the House
bill, and $158,386,000 as proposed in the Senate-reported
amendment. The agreement represents a $17,227,000 increase
over the fiscal year 2000 level. The distribution of funding
is as follows:
Current Economic Statistics................................$103,228,000
Current Demographic Statistics...............................50,100,000
Survey Development and Data Surveys...........................3,899,000
__________
Total...................................................157,227,000
For current economic statistics programs, the conference
agreement provides a total of $103,228,000, of which
$11,295,000 is for adjustments to base, and $3,000,000 is for
program enhancements for the following initiatives:
$2,000,000 to begin the measurement of electronic businesses,
and $1,000,000 to support efforts to improve the timeliness,
quality and coverage of export trade statistics. The
conference agreement fully funds base requirements for these
programs to ensure that key reports on manufacturing, general
economic and foreign trade statistics are maintained and
issued on a timely basis. The conference agreement does not
include additional funding requested to begin funding a
specialized Survey of Minority Owned Business Enterprises
under this account, because such action is inconsistent with
the long-standing practice of requiring specialized surveys
to be funded by an affected agency or entity. The conference
agreement adopts the Senate report language requiring a
report on reimbursements to be submitted with the fiscal year
2002 budget request.
The Bureau of the Census is directed to make the following
changes beginning with the data collection on or after
October 1, 2000, to the monthly report entitled
``Preliminary: U.S. Imports for Consumption of Steel
Products'': (1) to delineate all products listed in such
report into the following categories: alloy steel products,
stainless steel products, and carbon steel products; (2) to
add the following specialty steel categories to the report:
alloy steel and silicon electrical steel; and (3) to divide
in the report all steel line pipe products into the following
categories: line pipe products 16 inches or less in diameter,
and line pipe products over 16 inches in diameter.
Concerns have been expressed regarding recent actions taken
by the Bureau of the Census to change the manner in which
data are collected from the Shipper's Export Declaration, and
the burden this may impose on some shippers. The Bureau is
requested to provide a report on this matter to the
Committees on Appropriations no later than December 15, 2000.
It is the Congress' understanding that the Office of
Management and Budget (OMB) will not be designating or
defining any changes to metropolitan areas during fiscal year
2001. In order to ensure public acceptance of revised
standards for defining metropolitan areas, OMB will continue
to work with the Congress to resolve outstanding issues
before adopting revised standards. With respect to the
titling of Combined Areas that may be defined in 2003, OMB is
urged to adopt a standard as follows: (1) the name of the
largest principal city of the largest Core Based Statistical
Area should appear first in the Combined Area title; and (2)
in accordance with local opinion, up to two additional names
could be included in the Combined Area title, provided that
the additional names are the names of principal cities in the
Combined Area or suitable regional names; and the resulting
title of the Combined Area would be distinct from the title
of any Metropolitan Area, Micropolitan Area, or Metropolitan
Division defined in 2003 or beyond. With respect to titling
of Metropolitan Areas, OMB is urged to continue to work with
the Congress to address local concerns.
periodic censuses and programs
The conference agreement provides a total spending level of
$576,406,000 for periodic censuses and programs, of which
$276,406,000 is provided as a direct appropriation, and
$300,000,000 is from prior year unobligated balances, instead
of a direct appropriation of $530,867,000 as proposed in the
House bill, and a direct appropriation of $535,224,000 as
proposed in the Senate-reported amendment.
Decennial Census Programs.--The conference agreement
includes a total of $390,898,000 for completion of the 2000
decennial census, of which $130,898,000 is provided as a
direct appropriation, and $260,000,000 is derived from prior
year carryover, instead of a direct appropriation of
$392,898,000 as proposed in the House bill, and a direct
appropriation of $389,716,000 as proposed in the Senate-
reported amendment. The following represents the distribution
of total funds provided for the 2000 Census in fiscal year
2001:
Program Development and Management..........................$24,055,000
Data Content and Products....................................55,096,000
Field Data Collection and Support Systems...................122,000,000
Address List Development......................................1,500,000
Automated Data Process and Telecommunications Support.......115,038,000
Testing and Evaluation.......................................55,000,000
Puerto Rico, Virgin Islands and Pacific Areas.................5,512,000
Marketing, Communications and Partnerships....................9,197,000
Census Monitoring Board.......................................3,500,000
________________
Total, Decennial Census.................................390,898,000
The Bureau is directed to continue to provide monthly
reports on the obligation of funds against each framework.
Reallocation of resources among the frameworks listed above
is subject to the requirements of section 605 of this Act, as
is allocation of any additional unobligated balances not
allocated in this conference agreement.
The conference agreement includes language designating the
amounts provided for each decennial framework, modified from
language proposed in the House bill. Should the operational
needs of the decennial census necessitate the transfer of
funds between these frameworks, the Bureau may transfer such
funds as necessary subject to the standard transfer and
reprogramming procedures set forth in section 605 of this
Act. In addition, the conference agreement includes language
designating funding under this account for the expenses of
the Census Monitoring Board as proposed in the House bill.
The Senate bill did not include a similar provision.
Other Periodic Programs.--The conference agreement includes
a total of $185,508,000 for other periodic censuses and
programs, of which $40,000,000 is derived from prior year
unobligated balances available from the decennial census,
instead of a direct appropriation of $137,969,000 as proposed
in the House bill, and $145,508,000 as proposed in the
Senate-reported amendment. The following table represents the
distribution of funds provided for non-decennial periodic
censuses and related programs:
Economic Statistics Programs...............................$45,928,000
Economic Censuses........................................(42,846,000)
Census of Governments.....................................(3,082,000)
Demographic Statistics Programs.............................96,380,000
Intercensal Demographic Estimates.........................(5,583,000)
Continuous Measurement...................................(21,615,000)
Demographic Survey Sample Redesign........................(4,769,000)
Electronic Information Collection (CASIC).................(6,000,000)
Geographic Support.......................................(35,108,000)
Data Processing Systems..................................(23,305,000)
Suitland Federal Center.....................................43,200,000
________________
Total..................................................185,508,000
The Secretary of Commerce is directed to submit to the
Congress, no later than September 30, 2001, a written report
on any methodological, logistical, and other issues
associated with the inclusion in future decennial censuses of
American citizens and their dependents living abroad, for
apportionment, redistricting, and other purposes for which
decennial census results are used. This report shall include
estimates of the number of Americans living abroad in the
following categories: Federal civilian employees, military
personnel, employees of business enterprises, employees of
non-profit entities, and individuals not otherwise described.
Suitland Federal Center.--The conference agreement includes
a total of $43,200,000 for activities related to renovation
of Census Bureau facilities at the Suitland Federal Center,
of which $40,000,000 is provided from prior year unobligated
balances and $3,200,000 is provided from direct
appropriations. This amount represents the Census Bureau's
costs
[[Page H12464]]
associated with renovation of this facility, as follows:
$3,200,000 for planning and design work, and $40,000,000 for
above-standard costs. The construction and tenant build-out
costs for this facility are to be funded by the General
Services Administration (GSA), not the Census Bureau, and the
conference agreement includes new language prohibiting Census
Bureau funds from being used for these purposes. Language is
also included, as proposed in the Senate-reported amendment,
requiring quarterly reports from the Census Bureau and GSA on
this project.
National Telecommunications and Information Administration
salaries and expenses
The conference agreement includes $11,437,000 for the
salaries and expenses of the National Telecommunications and
Information Administration (NTIA) as provided in the Senate-
reported amendment, instead of $10,975,000 as proposed in the
House bill. The conference agreement includes, by reference,
Senate report language regarding funding for the critical
infrastructure program, and House report language regarding
reimbursements.
public telecommunications facilities, planning and construction
The conference agreement includes $43,500,000 for the
Public Telecommunications Facilities, Planning and
Construction (PTFP) program, instead of $31,000,000 as
proposed in the House bill and $50,000,000 as proposed in the
Senate-reported amendment. NTIA is expected to use this
funding for the existing equipment and facilities replacement
program, and to maintain an appropriate balance between
traditional grants and those to stations converting to
digital broadcasting. NTIA is directed to place emphasis on
distance learning initiatives targeting rural areas, as
described in Senate report.
INFORMATION INFRASTRUCTURE GRANTS
The conference agreement includes $45,500,000 for NTIA's
Information Infrastructure Grants program, instead of
$15,500,000 as proposed in both the House bill and the
Senate-reported amendment. Senate report language regarding
the overlap of funding under this heading with funding for
the Department of Justice, Office of Justice Programs, with
respect to law enforcement communication and information
networks is included by reference. The conference agreement
includes language proposed in the Senate-reported amendment
regarding uses of spectrum. The House bill did not include a
provision on this matter. Senate report language regarding
proposals for several grant programs is not included in the
conference agreement. House report language regarding
telecommunications research is included by reference.
Patent and Trademark Office
SALARIES AND EXPENSES
The conference agreement provides a total funding level of
$1,038,732,000 for the Patent and Trademark Office (PTO) as
proposed in the Senate-reported amendment and requested in
the budget, instead of $904,924,000 as proposed in the House
bill. Of the amount provided in the conference agreement,
$783,843,000 is to be derived from fiscal year 2001
offsetting fee collections, and $254,889,000 is to be derived
from carryover of prior year fee collections. This amount
represents an increase of $167,732,000, or 19 percent, above
the fiscal year 2000 operating level for the PTO. The PTO has
experienced significant growth in recent years due to
increased application filings for patents and trademarks, and
funding is provided to address these increased filings.
The conference agreement includes bill language limiting
the amount of carryover that may be obligated in fiscal year
2001, as proposed in the House bill.
The conference agreement includes House report language
concerning PTO's partnership with the National Inventor's
Hall of Fame and Inventure Place, and Senate report language
concerning the official insignias of Native American Tribes,
and agency budget forecasts.
SCIENCE AND TECHNOLOGY
Technology Administration
UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY POLICY
SALARIES AND EXPENSES
The conference agreement includes $8,080,000 for the
Technology Administration, instead of $7,945,000 as proposed
in the House bill, and $8,216,000 as proposed in the Senate-
reported amendment. The conference agreement continues
direction as in fiscal years 1998, 1999, and 2000 regarding
the use of Technology Administration and Department of
Commerce resources to support foreign policy initiatives and
programs.
National Institute of Standards and Technology
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
The conference agreement includes $312,617,000 for the
internal (core) research account of the National Institute of
Standards and Technology (NIST), instead of $292,056,000 as
proposed in the House bill, and $305,003,000 as proposed in
the Senate-reported amendment.
The conference agreement provides funds for the core
research programs of NIST as follows:
Electronics and Electrical Engineering.....................$40,127,000
Manufacturing Engineering...................................19,821,000
Chemical Science and Technology.............................33,360,000
Physics.....................................................31,556,000
Material Sciences and Engineering...........................54,658,000
Building and Fire Research..................................17,124,000
Computer Science and Applied Mathematics....................52,551,000
Technology Assistance.......................................17,349,000
Baldrige Quality Awards......................................5,205,000
Research Support............................................36,599,000
Infrastructure Protection Research Grants....................5,000,000
________________
Subtotal...............................................313,350,000
Deobligations.................................................(733,000)
________________
Total..................................................312,617,000
In addition, the conference agreement includes funding for
the Physics program as referenced in the Senate report. Of
the funding provided for Computer Science and Applied
Mathematics, $3,000,000 is for expert review teams, and
$4,000,000 is for internal critical infrastructure protection
activities. Funding is included for the Building and Fire
Program at $1,192,000 above the budget request, and
$2,000,000 is to continue the disaster research program on
effects of windstorms on protective structures and other
technologies begun in fiscal year 1998. A total of $282,000
is authorized to be transferred to the NIST working capital
fund, as referenced in the House bill instead of $6,200,000
as referenced in the Senate-reported amendment. Language
regarding the placement of NIST personnel overseas is
included as in the House report.
Funding of $5,000,000 is provided for a new program to
award research grants for critical infrastructure protection.
NIST is required to submit an implementation plan for this
new, competitive grant program, prior to obligation of
funding.
INDUSTRIAL TECHNOLOGY SERVICES
The conference agreement includes $250,837,000 for the NIST
external research account, instead of $104,836,000 as
proposed in the House bill, and $262,737,000 as proposed in
the Senate-reported amendment.
Manufacturing Extension Partnership Program.--The
conference agreement includes $105,137,000 for the
Manufacturing Extension Partnership Program (MEP), instead of
$104,836,000 as proposed in the House bill, and $109,137,000
as proposed in the Senate-reported amendment. The conference
agreement includes no funding for new initiatives. Additional
funding is provided for the centers. The conference agreement
incorporates direction in the Senate report that the Northern
Great Plains Initiative e-commerce project should assist
small manufacturers with marketing and business development
purposes in rural areas.
Advanced Technology Program.--The conference agreement
includes $145,700,000 for the Advanced Technology Program
(ATP), instead of $153,600,000 as proposed in the Senate-
reported amendment, and no funding as proposed in the House
bill. The amount of carryover funding available in fiscal
year 2001 is $45,000,000, providing total available funding
of $190,700,000 for fiscal year 2001.
The recommendation provides the following: (1) $84,800,000
for continued funding requirements for awards made in fiscal
years 1996, 1997, 1998, 1999, and 2000; (2) $60,700,000 for
new awards in fiscal year 2001; and (3) $45,200,000 for
administration, internal NIST lab support and Small Business
Innovation Research requirements.
The conference agreement includes bill language, modified
from the Senate language, designating $60,700,000 for new ATP
awards.
CONSTRUCTION OF RESEARCH FACILITIES
The conference agreement provides $34,879,000 for
construction, renovation and maintenance of NIST facilities,
instead of $26,000,000 as proposed in the House bill, and
$28,879,000 as proposed in the Senate-reported amendment.
Of the amount provided, $14,000,000 is for grants and
cooperative agreements as referenced in Section 209 of this
Act; and $20,879,000 is for safety, capacity, maintenance,
and repair projects at NIST, including funding to address
electrical service issues at NIST's Boulder campus.
National Oceanic and Atmospheric Administration
The conference agreement provides a total funding level of
$2,627,500,000 for all programs of the National Oceanic and
Atmospheric Administration (NOAA), instead of $2,230,959,000
as proposed in the House bill, and $2,687,070,000 as proposed
in the Senate-reported amendment. Of these amounts, the
conference agreement includes $1,869,170,000 in the
Operations, Research, and Facilities (ORF) account,
$682,899,000 in the Procurement, Acquisition and Construction
(PAC) account, and $75,431,000 in other NOAA accounts.
operations, research, and facilities (including transfers of funds)
The conference agreement includes $1,869,170,000 for the
Operations, Research, and Facilities account of the National
Oceanic and Atmospheric Administration instead of
$1,608,125,000 as proposed in the House bill, and
$1,958,046,000 as proposed in the Senate-reported amendment.
In addition to the new budget authority provided, the
conference agreement allows a transfer of $68,000,000 from
balances in the
[[Page H12465]]
account entitled ``Promote and Develop Fishery Products and
Research Related to American Fisheries'', as proposed in the
House bill, instead of $72,828,000 as proposed in the Senate-
reported amendment. In addition, the conference agreement
assumes prior year deobligations totaling $16,650,000,
$4,000,000 in offsets from fee collections, and $3,200,000 to
be transferred from the Coastal Zone Management Fund to the
ORF account.
The conference agreement does not include language proposed
in the House bill designating the amounts provided under this
account for the six NOAA lines offices. The Senate-reported
amendment contained no similar provision.
The conference agreement includes language, similar to
language proposed in the House bill and carried since the
1999 Appropriations Act, designating the amount available for
Executive Direction and Administration and prohibiting
augmentation of specified offices through formal or informal
personnel details, transfers, or reimbursements above 42
personnel. The Senate-reported amendment contained no such
provision.
The conference agreement includes language proposed in the
House bill making the use of deobligated balances subject to
standard reprogramming procedures. NOAA is directed that any
use of deobligations above $16,650,000 is subject to the
procedures set forth in section 605 of this Act. In addition,
the conference agreement includes House bill language
limiting administrative charges assessed on assigned
activities, as in the current year. The Senate-reported
amendment included no similar provisions.
The conference agreement does not include language in the
Senate-reported amendment regarding lawsuits. The House bill
did not address this matter.
The conference agreement does not include $34,000,000 in
controversial new fisheries and navigation safety fees that
were proposed in the budget request. House and Senate report
language regarding these fees is incorporated by reference.
The conference agreement does not include a provision, as
proposed in the Senate-reported amendment, permitting the
Secretary to have NOAA occupy and operate research facilities
at Lafayette, Louisiana.
The following table reflects the distribution of the funds
provided in this conference agreement.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCH AND FACILITIES, FISCAL YEAR 2001
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fiscal year--
------------------------------------------------------------------------------------
2000 Enacted 2001 Request 2001 House 2001 Senate 2001 Conf.
--------------------------------------------------------------------------------------------------------------------------------------------------------
NATIONAL OCEAN SERVICE
Navigation Services:
Mapping and Charting........................................... 35,298 38,456 32,718 40,256 37,437
Address Survey Backlog......................................... 18,900 18,000 18,900 22,000 20,450
------------------------------------------------------------------------------------
Subtotal..................................................... 54,198 56,456 51,618 62,256 57,887
Geodesy........................................................ 20,159 20,206 21,159 21,134 22,384
Tide and Current Data.......................................... 12,390 15,089 15,089 12,293 15,089
Acquisition of Data............................................ 15,546 17,246 14,546 18,246 18,246
NOAA Corps strength increase................................... ............... ............... ............... 1,000 1,000
------------------------------------------------------------------------------------
Total, Navigation Services................................. 102,293 108,997 102,412 114,929 114,606
====================================================================================
Ocean Resources Conservation and Assessment:
Ocean Assessment Program....................................... 44,846 41,465 34,348 49,515 49,956
GLERL...................................................... ............... 6,085 ............... 7,000 ...............
Response and Restoration................................... 15,329 20,149 10,991 19,884 11,600
Oceanic and Coastal Research............................... 8,470 8,500 5,410 10,500 9,500
------------------------------------------------------------------------------------
Subtotal--Estuarine & Coastal Assessment............... 68,645 76,199 50,749 86,899 71,056
Coastal Ocean Program.......................................... 17,200 18,232 17,087 19,432 18,287
------------------------------------------------------------------------------------
Total, Ocean Resources Conservation & Assessment....... 85,845 94,431 67,836 106,331 89,343
====================================================================================
Ocean and Coastal Management:
CZM Grants..................................................... 54,700 147,400 54,700 60,000 52,000
Program Administration......................................... 4,500 6,608 4,500 4,500 4,500
Estuarine Research Reserve System.............................. 6,000 12,000 6,000 12,000 9,750
Nonpoint Pollution Control..................................... 2,500 4,500 2,500 ............... ...............
------------------------------------------------------------------------------------
Subtotal, Coastal Management............................... 67,700 170,508 67,700 76,500 66,250
Marine Sanctuary Program....................................... 23,000 32,000 22,500 23,500 20,500
------------------------------------------------------------------------------------
Total, Ocean & Coastal Management.......................... 90,700 202,508 90,200 100,000 86,750
====================================================================================
Total, NOS................................................. 278,838 405,936 260,448 321,260 290,699
====================================================================================
NATIONAL MARINE FISHERIES SERVICE
Information Collection and Analysis:
Resource Information........................................... 107,848 101,988 100,100 117,795 119,945
Antarctic Research......................................... 1,234 1,200 1,200 2,000 1,500
Chesapeake Bay Office...................................... 2,390 1,500 2,390 3,000 2,500
Right Whale Research....................................... ............... 200 ............... ............... ...............
MARFIN..................................................... 2,750 2,750 2,500 3,500 3,500
SEAMAP..................................................... 1,200 1,200 1,200 1,200 1,400
Alaskan Groundfish Surveys................................. 900 661 661 900 900
Bering Sea Pollock Research................................ 945 945 945 945 945
West Coast groundfish...................................... 820 780 820 780 820
New England Stock Depletion................................ 1,000 1,000 1,000 1,000 1,000
Hawaii Stock Management Plan............................... 500 ............... 500 500 500
Yukon River Chinook Salmon................................. 1,200 700 ............... 1,500 1,500
Atlantic Salmon Research................................... 710 710 710 710 710
Gulf of Maine Groundfish Survey............................ 567 567 567 567 567
Dolphin/Yellowfin Tuna Research............................ 250 250 250 250 250
Pacific Salmon Treaty Program.............................. 17,431 10,587 5,587 10,587 7,456
Red Snapper Monitoring and Research........................ ............... ............... ............... 7,500 4,500
SE Cooperative Research.................................... ............... ............... ............... ............... 2,500
Hawaiian Monk Seals........................................ 750 500 500 800 800
Steller Sea Lion Recovery Plan............................. 4,000 1,440 1,440 12,300 12,300
Hawaiian Sea Turtles....................................... 285 248 248 300 300
Bluefish/Striped Bass...................................... 1,000 ............... 1,000 ............... 1,500
Halibut/Sablefish.......................................... 1,200 1,200 1,200 1,200 1,200
------------------------------------------------------------------------------------
Subtotal............................................... 146,980 128,426 122,818 167,334 166,593
====================================================================================
Fishery Industry Information:
Fish Statistics................................................ 13,000 18,871 13,000 21,871 17,680
Alaska Groundfish Monitoring................................... 5,500 5,200 5,200 7,100 6,750
PACFIN/Catch Effort Data....................................... 3,000 3,000 4,700 3,700 3,000
AKFIN (Alaska Fishery Information Network)..................... 2,500 ............... ............... 3,400 3,000
RECFIN......................................................... 3,700 3,100 3,100 3,700 3,700
GULF FIN Data Collection Effort................................ 3,500 ............... 3,000 ............... 3,500
------------------------------------------------------------------------------------
Subtotal................................................... 31,200 30,171 29,000 39,771 37,630
====================================================================================
Information Analyses and Dissemination............................. 20,900 21,403 20,400 21,403 21,150
Computer Hardware and Software................................. 3,500 3,500 750 3,500 3,500
------------------------------------------------------------------------------------
Subtotal................................................... 24,400 24,903 21,150 24,903 24,650
Acquisition of Data................................................ 25,943 25,944 25,943 26,944 26,900
====================================================================================
Total, Information, Collection, and Analyses............... 228,523 209,444 198,911 258,952 255,773
====================================================================================
[[Page H12466]]
Conservation and Management Operations:
Fisheries Management Programs.................................. 38,830 37,825 34,680 79,295 62,888
Columbia River Hatcheries.................................. 12,055 15,212 12,055 15,742 14,055
Columbia River Endangered Species.......................... 288 288 288 288 288
Regional Councils.......................................... 13,150 13,100 13,150 15,100 13,150
International Fisheries Commissions........................ 400 400 400 400 400
Management of George's Bank................................ 478 478 478 478 478
Pacific Tuna Management/Pelagic Fisheries.................. 2,300 1,250 1,250 3,000 2,650
Fisheries Habitat Restoration.............................. 2,000 4,000 2,000 2,000 2,000
NE Fisheries Management.................................... 6,000 11,980 6,000 3,980 ...............
NE Consortium.............................................. ............... ............... ............... 5,000 5,000
NE Cooperative............................................. ............... 15,000 15,000 15,000 15,000
Norton Sound Fisheries..................................... ............... 5,000 5,000 5,000 5,000
Coral Reefs................................................ ............... 5,000 ............... 3,000 ...............
------------------------------------------------------------------------------------
Subtotal, Fisheries Mgmt. Programs..................... 75,501 109,533 90,301 143,283 120,909
====================================================================================
Protected Species Management............................... 6,200 8,988 6,950 11,288 9,038
Dolphin Encirclement....................................... 3,300 3,300 3,300 3,300 3,300
Driftnet Act Implementation................................ 3,439 3,278 3,278 5,250 3,775
Marine Mammal Protection Act............................... 7,583 7,225 7,225 8,225 8,125
Endangered Species Act Recovery Plan....................... 43,500 55,450 42,800 47,765 55,338
Native Marine Mammals...................................... 950 700 200 1,200 950
Observers/Training......................................... 2,650 4,500 5,700 4,925 6,475
------------------------------------------------------------------------------------
Subtotal............................................... 67,622 83,441 69,453 81,953 87,001
====================================================================================
Habitat Conservation........................................... 9,200 11,079 9,200 11,079 10,140
Enforcement & Surveillance..................................... 17,950 22,354 17,950 22,354 22,354
====================================================================================
Total, Conservation, Management & Operations............... 170,273 226,407 186,904 258,669 240,404
====================================================================================
State and Industry Assistance Programs:
Interjurisdictional Fisheries Grants........................... 2,600 2,590 2,590 2,590 2,590
Anadromous Grants.............................................. 2,100 2,100 2,100 2,100 2,100
Interstate Fish Commissions.................................... 7,750 4,000 7,750 8,750 8,000
------------------------------------------------------------------------------------
Subtotal................................................... 12,450 8,690 12,440 13,440 12,690
====================================================================================
Fisheries Development Program:
Product Quality and Safety/Seafood Inspection.................. 9,500 8,328 8,328 8,778 8,328
Hawaiian Fisheries Development................................. 750 ............... ............... 750 750
Alaska Fisheries Development Foundation........................ ............... ............... ............... 300 ...............
------------------------------------------------------------------------------------
Subtotal................................................... 10,250 8,328 8,328 9,828 9,078
====================================================================================
Total, State and Industry Programs......................... 22,700 17,018 20,768 23,268 21,768
====================================================================================
Total, NMFS................................................ 421,496 452,870 406,583 540,889 517,945
====================================================================================
OCEANIC AND ATMOSPHERIC RESEARCH
Climate and Air Quality Research:
Interannual & Seasonal......................................... 16,900 14,986 12,900 14,986 14,943
Climate & Global Change Research............................... 67,000 67,095 63,000 68,895 68,500
GLOBE.......................................................... 3,000 5,000 ............... ............... 3,000
Climate Observations & Services................................ ............... 24,000 ............... 14,000 12,250
------------------------------------------------------------------------------------
Subtotal................................................... 86,900 111,081 75,900 97,881 98,693
====================================================================================
Long-term Climate & Air Quality Research....................... 30,000 30,525 29,409 33,025 33,019
Information Technology/High Performance Computing.............. 12,750 12,750 12,000 12,750 12,750
------------------------------------------------------------------------------------
Subtotal................................................... 42,750 43,275 41,409 45,775 45,769
====================================================================================
Total, Climate and Air Quality Research.................... 129,650 154,356 117,309 143,656 144,462
====================================================================================
Atmospheric Programs:
Weather Research............................................... 37,350 37,075 35,850 38,075 37,500
STORM.......................................................... 2,000 ............... ............... 1,000 350
Wind Profiler.................................................. 4,350 4,350 4,350 4,350 4,350
------------------------------------------------------------------------------------
Subtotal................................................... 43,700 41,425 40,200 43,425 42,200
Solar/Geomagnetic Research..................................... 7,000 6,182 6,000 6,182 6,000
------------------------------------------------------------------------------------
Total, Atmospheric Programs.................................... 50,700 47,607 46,200 49,607 48,200
====================================================================================
Ocean and Great Lakes Programs:
Marine Prediction Research..................................... 27,325 22,595 19,725 30,245 32,525
GLERL.......................................................... 6,825 ............... 7,125 ............... 7,000
Sea Grant Program.............................................. 59,250 59,250 61,250 64,750 62,250
National Undersea Research Program............................. 13,800 5,750 ............... 17,000 15,800
------------------------------------------------------------------------------------
Total, Ocean and Great Lakes Programs...................... 107,200 87,595 88,100 111,995 117,575
Acquisition of Data............................................ 12,952 12,952 12,952 12,952 12,952
====================================================================================
Total, OAR................................................. 300,502 302,510 264,561 318,210 323,189
====================================================================================
NATIONAL WEATHER SERVICE
Operations and Research:
Local Warnings and Forecasts................................... 444,487 466,471 459,252 463,237 462,180
Susquehanna River Basin flood system........................... 1,125 619 1,250 1,500 1,313
Aviation forecasts............................................. 35,596 35,596 35,596 35,596 35,596
Advanced Hydrological Prediction System........................ 1,000 1,000 1,000 1,000 1,000
WFO Maintenance................................................ 3,250 5,250 3,250 5,250 4,250
Weather Radio Transmitters..................................... ............... ............... 3,000 ............... 4,308
------------------------------------------------------------------------------------
Subtotal................................................... 480,758 508,936 503,348 505,403 508,647
Central Forecast Guidance...................................... 37,081 38,001 37,081 38,001 37,500
Atmospheric and Hydrological Research.......................... 3,000 3,068 3,000 3,068 3,034
------------------------------------------------------------------------------------
Total, Operations and Research............................. 520,839 550,005 543,429 546,472 549,181
====================================================================================
Systems Acquisition:
Public Warnings and Forecast Systems:
NEXRAD..................................................... 38,836 38,802 38,802 38,802 38,802
ASOS....................................................... 7,345 7,423 7,345 7,423 7,423
AWIPS/NOAA Port............................................ 32,150 38,642 32,150 38,642 35,396
------------------------------------------------------------------------------------
[[Page H12467]]
Total, Systems Acquisition............................. 78,331 84,867 78,297 84,867 81,621
====================================================================================
Total, NWS............................................. 599,170 634,872 621,726 631,339 630,802
====================================================================================
NAT'L ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
Satellite Observing Systems:
Ocean Remote Sensing........................................... 4,000 4,000 ............... 4,000 4,000
Environmental Observing Systems................................ 53,300 53,912 50,800 56,412 53,300
Global Disaster Information Network............................ ............... 5,500 ............... ............... 3,000
------------------------------------------------------------------------------------
Total, Satellite Observing Systems......................... 57,300 63,412 50,800 60,412 60,300
====================================================================================
Data and Information Services.................................. 38,700 32,454 40,700 35,754 49,700
Environmental Data Management Systems.......................... 12,335 12,335 12,335 12,335 12,335
Regional Climate Centers....................................... 2,750 ............... 2,750 3,600 2,900
------------------------------------------------------------------------------------
Total, EDMS................................................ 53,785 44,789 55,785 51,689 64,935
====================================================================================
Total, NESDIS.............................................. 111,085 108,201 106,585 112,101 125,235
====================================================================================
PROGRAM SUPPORTS
Administration and Services:
Executive Direction and Administration......................... 19,387 19,902 19,902 19,902 19,902
Systems Acquisition Office..................................... 712 712 700 712 712
NMFS Study..................................................... ............... ............... ............... 750 750
------------------------------------------------------------------------------------
Subtotal................................................... 20,099 20,614 19,900 21,364 21,364
Central Administrative Support................................. 31,850 33,132 31,850 33,132 33,132
Minority Serving Institutions.................................. ............... 17,000 ............... ............... 15,000
------------------------------------------------------------------------------------
Total, Administration and Services......................... 51,949 53,746 51,750 54,496 69,496
Aircraft Services.............................................. 10,760 11,009 11,000 14,309 11,809
Rent Savings (Transferred to ATB).............................. (4,656) ............... (4,656) ............... ...............
------------------------------------------------------------------------------------
Total, Program Support..................................... 58,053 64,755 58,094 68,805 81,305
====================================================================================
Fleet Planning and Maintenance..................................... 13,243 9,294 7,000 19,004 11,010
Facilities:
NOAA Facilities Maintenance.................................... 1,809 1,941 1,800 1,941 1,870
Environmental Compliance....................................... 2,000 3,899 2,000 3,899 2,000
Suitland....................................................... ............... ............... ............... 14,700 ...............
Columbia River Facilities...................................... 3,365 ............... 3,365 3,465 3,365
NERRS Construction............................................. ............... ............... ............... 3,000 ...............
Boulder Facilities (GSA) Operations............................ 3,850 5,350 3,850 4,000 4,000
NARA Records Mgmt.............................................. ............... 262 ............... 262 ...............
------------------------------------------------------------------------------------
Total, Facilities.......................................... 11,024 11,452 11,015 31,267 11,235
====================================================================================
Direct Obligations................................................. 1,793,411 1,989,890 1,736,012 2,042,875 1,991,420
====================================================================================
Offset for Fee Collections (Adjustment)........................ (4,000) ............... 4,000 4,000 4,000
Reimbursable Obligations....................................... 195,767 204,400 204,400 204,400 204,400
Offsetting Collections (data sales)............................ 3,600 3,600 3,600 3,600 3,600
Offsetting Collections (fish fees/IFQ CDQ)..................... 4,000 ............... ............... ............... ...............
------------------------------------------------------------------------------------
Subtotal, Reimbursables.................................... 199,367 208,000 212,000 212,000 212,000
====================================================================================
Total, Obligations......................................... 1,992,778 2,197,890 1,948,012 2,254,875 2,203,420
====================================================================================
Financing:
Deobligations (Prior year recoveries).......................... (36,000) (36,000) (36,000) (10,000) (16,650)
Unobligated Balance transferred, net........................... ............... ............... ............... ............... ...............
Offsetting Collections (data sales)............................ (3,600) (3,600) (3,600) (3,600) (3,600)
Offsetting Collections (fish fees/IFQ CDQ)..................... (4,000) ............... (4,000) ............... (4,000)
Federal Funds.................................................. (134,927) (147,700) (147,700) 147,700) (147,700)
Non-federal Funds.............................................. (60,840) (56,700) (56,700) (56,700) (56,700)
------------------------------------------------------------------------------------
Subtotal, Financing........................................ (239,367) (244,000) (248,000) (218,000) (228,650)
Budget Authority................................................... 1,753,411 1,953,890 1,700,012 2,036,875 1,974,770
====================================================================================
Financing From:
Promote and Develop American Fisheries......................... (68,000) (68,000) (68,000) (66,278) (68,000)
Coastal Zone Management Fund................................... (4,000) (3,200) (4,000) (3,200) (3,200)
Anticipated Offsetting Collections (fish fees)................. ............... (20,000) ............... ............... ...............
Anticipated Offsetting Collections (navigation fees)........... ............... (14,000) ............... ............... ...............
Disaster Relief--Norton Sound.................................. ............... (5,000) (5,000) (5,000) (5,000)
Disaster Relief--NE Fisheries.................................. ............... (15,000) (15,000) (15,000) (15,000)
====================================================================================
Subtotal, ORF.............................................. 1,310,677 1,501,890 1,240,012 1,610,875 1,883,570
====================================================================================
Additional Adjustments:
Domestic Travel................................................ ............... ............... ............... ............... (4,000)
Foreign Travel................................................. ............... ............... ............... ............... (2,400)
General Office Supplies........................................ ............... ............... ............... ............... (5,000)
Non-Maritime/Non-capitalized equipment......................... ............... ............... ............... ............... (3,000)
Subtotal, ORF.............................................. 1,681,411 1,828,690 1,608,012 1,947,397 1,869,170
====================================================================================
Total, ORF................................................. 1,681,411 1,828,690 1,608,012 1,947,397 1,869,170
====================================================================================
PROCUREMENT, ACQUISITION AND CONSTRUCTION
Systems Acquisition:
CAMS........................................................... ............... 15,823 4,500 17,823 19,823
AWIPS.......................................................... 16,000 17,300 16,000 17,300 16,300
ASOS........................................................... 3,855 5,125 3,855 5,125 3,855
NEXRAD......................................................... 8,280 9,580 8,280 9,580 8,280
Computer Facilities Upgrades................................... 11,100 15,085 11,100 15,085 15,085
Polar Spacecraft and Launching................................. 190,979 213,619 206,965 213,639 210,310
Geostationary Spacecraft and Launching......................... 266,615 290,824 290,824 290,824 290,824
Radiosonde Replacement......................................... 7,000 7,000 2,000 7,000 5,000
GFDL Supercomputer............................................. 5,000 7,000 5,000 7,000 4,000
Evansville Dopple Radar........................................ ............... 5,500 5,500 ............... 5,500
NOAA Weather Radio Expansion/Enhancement....................... ............... 6,244 ............... 6,244 ...............
National Data Archive [NEDAAS]................................. ............... 4,000 ............... 4,000 2,000
------------------------------------------------------------------------------------
Subtotal, Systems Acquisition.............................. 508,829 597,100 554,024 593,620 580,977
====================================================================================
[[Page H12468]]
Construction:
WFO Construction............................................... 9,526 9,526 9,136 9,526 9,526
NERRS Construction............................................. 6,750 8,000 6,000 8,000 7,500
Botanical Gardens.............................................. 1,500 ............... ............... ............... 3,500
Alaska Facilities.............................................. 9,750 1,000 ............... 19,000 19,000
National Marine Life Center.................................... ............... ............... ............... 1,000 800
Great Bay NERRS, NH............................................ ............... ............... ............... ............... 5,000
Kasitsna Bay Lab/Kachemak Bay.................................. ............... ............... ............... ............... 5,000
NORC Rehabilitation (Suitland)................................. 3,045 ............... ............... ............... ...............
Marine Sanctuaries............................................. 3,000 3,000 3,000 ............... ...............
Suitland Facility.............................................. 3,000 ............... ............... ............... 15,000
Norman, OK..................................................... ............... 3,000 ............... 3,000 3,000
LaJolla Bluffs, CA............................................. ............... 4,600 ............... 4,600 ...............
Western Region Consolidation................................... ............... 200 ............... 200 ...............
Coastal Service Center Wing (SC)............................... ............... ............... ............... 4,000 ...............
Aquatic Resources.............................................. ............... ............... ............... ............... 5,000
Pribilof Island Cleanup (AK)................................... ............... ............... ............... 7,000 6,000
Folly Beach Seabrook Tract (SC)................................ ............... ............... ............... 2,000 2,000
------------------------------------------------------------------------------------
Subtotal, Construction..................................... 36,571 29,326 18,136 57,326 81,326
====================================================================================
Fleet Replacement.............................................. ............... ............... ............... ............... ...............
Fishery Research Vessel Placement.............................. 51,567 8,300 ............... 8,300 8,300
Adventurous Refurbishment.................................. ............... 8,000 ............... 8,000 8,000
Fairweather Refurbishment.................................. ............... ............... ............... ............... 6,800
Naval Surplus vessels for coastal research (YTT)........... ............... ............... ............... ............... 5,000
------------------------------------------------------------------------------------
Subtotal, Fleet Replacement............................ 51,567 16,300 ............... 16,300 28,100
Deobligations (PAC)........................................ (7,400) (7,504) (8,704) (7,504) (7,504)
====================================================================================
Offset from House floor action:
Total, PAC............................................. 589,567 635,222 563,456 659,742 682,899
====================================================================================
Pacific Coast Salmon Recovery...................................... 58,000 160,000 58,000 58,000 74,000
Coastal Impact Assistance Fund................................. ............... 100,000 ............... ............... ...............
Fisheries Assistance Fund...................................... ............... 10,000 ............... ............... ...............
Fisherman's Contingency............................................ 953 951 951 953 952
Foreign Fish. Observer Fund........................................ 189 191 189 191 191
Fisheries Finance Program.......................................... 338 6,628 238 338 288
(Individual Fisheries Quota)................................... (100) (100) ............... ............... ...............
====================================================================================
Total, NOAA................................................ 2,330,458 2,741,682 2,230,846 2,666,621 2,627,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
The following narrative provides additional information
related to certain items included in the preceding table.
national ocean service
The conferees have provided a total of $290,699,000 under
this account for the activities of the National Ocean
Service, instead of $260,448,000 as recommended in the House
bill and $321,260,000 as proposed in the Senate-reported
amendment.
Mapping and Charting.--The conference agreement provides
$37,437,000 for NOAA's mapping and charting programs,
reflecting continued commitment to the navigation safety
programs of the NOS and concerns about the ability of the NOS
of continue to meet its mission requirements over the long
term. Within the total funding provided under Mapping and
Charting, the conference agreement includes $2,580,000 for
the joint hydrographic center established in fiscal year
1999, one-time funding of $300,000 for the Seacoast Science
Center, and $1,500,000 for shoreline mapping as requested in
the budget.
The conference agreement also includes $20,450,000 within
the line item Address Survey Backlog/Contracts exclusively
for contracting with the private sector for data acquisition
needs. This is $2,450,000 above the request and is intended
to increase efforts to address the backlog through contract
support.
Geodesy.--The conference agreement provides $22,384,000 for
geodesy programs, including $19,634,000 for the base program;
not less than $500,000 for the South Carolina Geodetic Survey
as referenced in the Senate report; not less than $1,000,000
for the implementation of the National Height Modernization
(NHM) system in North Carolina; not less than $1,000,000 for
the California Spatial Reference Center; and not less than
$250,000 for the National Geodetic Survey to implement the
NHM study.
Tide and Current Data.--The conference agreement includes
$15,089,000 for this activity, including $12,293,000 for the
base program and $2,796,000 for the continued implementation
of the Physical Oceanographic Real-Time System (PORTS)
program, as referenced in the House report.
The conference agreement includes $2,000,000 above the
request for data acquisition and for building NOAA corps
officer strength and for additional days at sea.
Ocean Assessment Program.--The conference agreement
includes $49,956,000 for the activity, including the
following: $12,658,000 for the base program; $5,800,000 to
continue the Cooperative Institute for Coastal and Estuarine
Environmental Technology; $900,000 for the South Florida
ecosystem restoration program; $2,000,000 to support coral
reef studies in the Pacific and Southeast, of which
$1,000,000 is for Hawaiian coral reef monitoring, $500,000 is
for reef monitoring in Florida, and $500,000 is for reef
monitoring in Puerto Rico through the Department of Natural
Resource; $4,425,000 for pfisteria and other harmful algal
bloom research and monitoring, of which $500,000 is for a
pilot project to preemptively address emerging problems prior
to the occurrence of harmful blooms, to be carried out by the
South Carolina Department of Marine Resources: $2,500,000 for
the JASON project; and $2,923,000 for the NOAA Beaufort/
Oxford Laboratory. In addition, the conference agreement
includes $18,750,000 for the Coastal Services Center,
including funds for initiation of a collaborative program in
Hawaii for the U.S. Pacific Basin, consistent with activities
identified in the fiscal year 2000 conference report, and
funding for planning and design for additional space at the
Coastal Services Center.
Office of Response and Restoration.--The conference
agreement includes $11,600,000 for the activity, including;
$2,674,000 for the Estuarine and Coastal Assessment program,
$5,210,000 for the Damage Assessment program, $1,000,000 in
accordance with the Oil Pollution Act of 1990, and $2,716,000
for a new base program to provide greater flexibility for
program managers to address response and restoration
functions. No funding is provided for coral restoration.
Oceanic and Coastal Research.--The conference agreement
includes $9,500,000 for this activity, which includes
$6,970,000 for base, $1,250,000 for fish forensics and
enforcement, and $1,280,000 for the Marine Environmental
Health Research Laboratory (MEHRL). The conference agreement
includes language as proposed in the Senate report regarding
national overhead costs associated with managing the missions
and operations of the research facilities funded in the
Oceanic and Coastal Research activity and the National Ocean
Service is directed to transfer budget and management
operations for the MEHRL and the Charleston Lab to the
Coastal Services Center.
The conference agreement does not include the proposed
transfer of the Great Lakes Environmental Research Laboratory
(GLERL) from Oceanic and Atmospheric Research to NOS, as
proposed in the Senate report.
Coastal Ocean Program (COP).--The conference agreement
provides $18,287,000 for the Coastal Ocean Program, of which
$5,287,000 is provided for research related to hypoxia,
pfistereia, and other harmful algal blooms, including the
``dead-zone'' in the Gulf of Mexico, as referenced in the
House report. The managers of COP are directed to follow the
direction included in the Senate report concerning research
on small high-salinity estuaries and the land use-coastal
ecosystem study. The conference agreement also assumes
continued funding at the current level for restoration of the
South Florida ecosystem.
Coastal Zone Management.--The conference agreement includes
$66,250,000 for this activity, of which $52,000,000 is for
grants under sections 306, 306A, and 309 of the Coastal Zone
Management Act (CZMA), and $4,500,000 is for program
administration. NOAA is directed to prepare an assessment of
the National impact of this program and submit such
assessment to the Committees on Appropriations no later than
March 15, 2001. The conference agreement does not include
funding for the Non-Point Pollution program authorized under
section 6217 of the CZMA. The conference agreement also
includes $9,750,000 for the National Estuarine Research
Reserve System (NERRS) operations
[[Page H12469]]
and maintenance program, an increase of $3,750,000 above the
current year level.
Marine Sanctuary Program.--The conference agreement
includes $20,500,000 for the National Marine Sanctuary
Program. Of this amount, $500,000 is provided to support the
activities of the Northwest Straits Citizens Advisory
Commission as outlined in the House and Senate reports.
national marine fisheries service
The conference agreement includes a total of $517,945,000
for the National Marine Fisheries Service (NMFS), instead of
$406,583,000, as recommended in the House bill and
$540,889,000, as recommended in the Senate report.
In addition, the conference agreement includes $4,000,000
to be collected under the Magnuson-Stevens Act to support the
Community and Individual Fishery Quota Program.
Resource Information.--The conference agreement provides
$119,945,000 for fisheries resource information. Within the
funds provided for resource information, $88,145,000 is
provided for the base programs. The conference agreement
includes $4,250,000 for west coast groundfish. NMFS is
directed to distribute this funding to appropriate labs based
on the current year distribution, and no labs should receive
less than current year funding. Funding above the amounts for
the base program is as follows: $1,700,000 is to expand stock
assessments; $850,000 is for MARMAP; $2,500,000 is for the
Gulf of Mexico consortium; and $200,000 is for the Atlantic
Herring and Mackerel initiative. In addition, NMFS is
expected to continue to provide onsite technical assistance
to the National Warmwater Aquaculture Research Center and
provide $250,000 from base resources for the harvest
technology unit under this direction included in the Senate
report. In addition, $500,000 is provided for the Hawaiian
Community Development Program and fishery demonstration
projects for native fisheries, as referenced in the Senate
report.
In addition, within the total funds provided for resource
information, the conference agreement includes: $6,500,000
for the Gulf of Alaska for continued implementation of the
Magnuson-Stevens Act, as referenced in the Senate report;
$1,000,000 for research on Alaska near shore fisheries, to be
distributed as in the current year; $850,000 for the
Chesapeake Bay oyster recovery partnership; $300,000 for
research on the Charleston bump; $300,000 for research on
shrimp pathogens; $150,000 for lobster sampling; $600,000,
for bluefin tuna tagging initiative for the New England
Aquarium; $300,000 for Chinook Salmon research in the NMFS
Auke Bay laboratory; $750,000 for Magnuson-Stevens Act
implementation; $200,000 for the Northeast Fisheries Science
Center for the Cooperative Marine Education and Research
Program, under the direction in the Senate report; $300,000
for research on Southeastern sea turtles; $200,000 for the
Kotzebue Sound test fishery for king crab and sea snail;
$1,000,000 for the State of Alaska for the Bering Sea crab;
$350,000 for the South Carolina Department of Natural
Resources Biological Identification Program; and $1,000,000
for the Tri-Coastal Marine Stock Assessment. In addition,
within the amounts provided for Resource Information,
$8,000,000 is included to continue the aquatic resources
environmental initiative. NOAA is directed to continue
working with the Xiphophorus Genetic Stock Center to improve
the understanding of fish genetics and evolution.
NMFS is directed to continue collaborative research with
the Center for Shark Research and other qualified
institutions to provide the information necessary for
effective management of the highly migratory shark fishery
and conservation of shark fishery resources.
Funding for the Chesapeake Bay Multi-Species Management
Strategy has been moved to the Chesapeake Bay Office line,
for a total of $2,500,000 for the office, of which $500,000
is for multi-species management, including blue crabs.
Under the MARFIN line, $3,250,000 is provided for base
activities, including $750,000 for activities relating to red
snapper research, and $250,000 is provided for Northeast
activities.
Funding for right whale research and recovery activities is
provided under the Endangered Species line. Under the Yukon
River Chinook Salmon line, $1,000,000 is provided for base
activities, and $500,000 is provided for the Yukon River
Drainage Fisheries Association. Under the Pacific Salmon
Treaty Program, $5,587,000 is provided for base activities,
$1,844,000 is provided for the Chinook Salmon Agreement, and
funding is provided for the North Pacific Research Board, as
referenced in the Senate report. The conference agreement
includes $12,300,000 for Steller sea lion recovery, to be
allocated according to the direction in the Senate report.
Senate language regarding the Administration's reduction of
funding for Steller sea lion recovery is included by
reference.
Senate language regarding computer hardware and software
funding is included by reference.
Funding for bluefish/striped bass has been provided as
follows: $450,000 for the NMFS base research program,
$800,000 for the Cooperative Marine Education and Research
Program in New Jersey, and $250,000 for other existing
bluefish/striped bass research.
Funding of $2,500,000 is provided for a cooperative
research program to address the lack of sufficient funding
for research for the southeast.
Fishery Industry Information.--The conference agreement
provides $37,630,000 for this activity. Within the $6,750,000
provided for Alaska groundfish monitoring, the conference
agreement includes $3,125,000 for the base program, of which
$1,600,000 is to implement requirements of the American
Fisheries Act and the crab and scallop fisheries management
plans; $1,000,000 for a winter pollock survey in Alaska; and
current year levels for NMFS rockfish research, crab
management, and external rockfish research. In addition, the
conference agreement provides $175,000 for the Gulf of Alaska
Coastal Communities Coalition, $300,000 for the NMFS Alaska
region infield monitoring program, and $150,000 for the
Bering Sea Fisherman's Association CDQ.
Within the funds provided for fish statistics, the
conference agreement provides $13,180,000 for the base
program, $1,000,000 for the National Standard 8 program,
$2,000,000 for research and data collection on fishing
communities and economics; and $1,500,000 for the Atlantic
States Marine Fishery Commission as referenced by the Senate
report. Of the $3,700,000 for recreational fishery harvest
monitoring, $500,000 is for the annual collection of data on
marine recreational fishing, with the balance to be expended
in accordance with the direction included in the Senate
report. Funds are also appropriated under the Fish Industry
Information activity for the Pacific Fisheries Information
Network, including Hawaii, and the Alaska Fisheries
Information Network as two separate lines, in accordance with
the direction included in the Senate report. In addition, of
the funding, $3,500,000 is provided for the Gulf of Mexico
Fisheries Information Network.
Under the Acquisition of Data line, within the total of
$26,900,000, $957,000 is provided for additional days at sea
for data acquisition.
Fisheries Management Programs.--The conference agreement
includes $62,888,000 for this activity. Within this amount,
$29,288,000 is provided for base activities, and $4,000,000
is for NMFS facilities maintenance. In addition, $21,000,000
is included to provide increases for data collection on
fishery management programs, including $8,000,000 to respond
to lawsuits under the National Environmental Policy Act
(NEPA), $3,000,000 for research regarding Hawaiian sea
turtles related lawsuits, and $10,000,000 for research
regarding the Alaska Steller sea lion and pollock lawsuit. Of
the $10,000,000 provided for research regarding litigation
concerning Alaska Stellar sea lion and Bearing Sea/Aleutian
Islands and Gulf of Alaska groundfish fisheries, $6,000,000
is for the Office of Oceanic and Atmospheric Research,
$2,000,000 is for the National Ocean Service, and $2,000,000
is for the North Pacific Fishery Management. The requested
levels for the Atlantic Salmon Recovery Plan, the State of
Maine Recovery Plan, and Rancho Nuevo sea turtles are
included. Funding is included for continuation of the Bronx
River recovery and restoration project as referenced in the
House report; $300,000 for the Connecticut River Partnership;
and $150,000 for Chinook Salmon management; and $6,700,000 is
for American Fisheries Act Implementation, including $500,000
each for the North Pacific Fishery Management Council and the
State of Alaska.
The conference agreement appropriates a total of
$14,055,000 for NMFS support of the Columbia River hatcheries
program. NMFS is expected to support base hatchery operations
at a level of $11,400,000, $600,000 is for fall chinook
rearing, $1,700,000 is provided for monitoring and evaluation
efforts, and $300,000 is for conservation marking as
referenced in the Senate report.
Under the Pacific Tuna Management line, $400,000 is for
swordfish research as referenced in the Senate report and the
balance is for JIMAR.
For New England Fisheries Management, $5,000,000 is
provided as proposed in the Senate-reported amendment. The
conference agreement also includes a transfer of $15,000,000
from USDA (P.L. 106-78) for NE cooperative fisheries.
Protected Species Management.--Within the funds provided
for protected species management, $750,000 is for
continuation of a study on the impacts of California sea
lions and harbor seals on salmonids and the West Coast
ecosystem, $1,500,000 is provided for the State of Maine
salmon recovery, and $750,000 is for bottle-nosed dolphins.
Driftnet Act Implementation.--Within the funds provided for
Driftnet Act Implementation, $150,000 is for Pacific Rim
Fisheries Program, $200,000 is for Washington and Alaska
participation, and $250,000 is for Russian EEZ observers.
Marine Mammal Protection Act.--Within funds provided,
$900,000 is for harbor seal research in Alaska.
Endangered Species Recovery Plans.--A total of $55,338,000
is provided for this activity. Of these amounts, $1,500,000
is for technical support to the State of Washington, $850,000
is for Alaskan Steller sea lion recovery, $2,700,000 is for
other species, $3,338,000 is for sea turtles, $36,450,000 is
for the Pacific salmon recovery initiative, $3,500,000 is for
marine mammals, $2,000,000 for Atlantic Salmon recovery, and
$5,000,000 is for right whales. Within the amount provided
for right whales, NMFS is directed to make tagging whales a
priority. NMFS is directed to make $2,900,000 available to
the Northeast Consortium to administer a competitive grants
program, open to all Atlantic coastal States, using an
independent review panel of experts and scientists in the
field, to fund research
[[Page H12470]]
on whale-friendly fishing gear and operations, surveys and
studies to reduce potential conflicts between right whales
and local industries, and other research including tagging,
acoustic studies, habitat research and hydrodynamic modeling
studies. Of the funding provided, $2,100,000 is to help meet
its responsibilities for the implementation of programs,
research, and enforcement activities for the recovery of the
right whale, including the use of aerial surveys, of which no
more than 30 percent can be used for salaries. Due to the
Department of Commerce's delay in providing a spending plan
and allocating right whale funds in fiscal year 2000, NMFS is
directed to provide the Committees on Appropriations no later
than January 30, 2001, with a spending plan for fiscal year
2001. In addition, the Committee expects NMFS to develop and
submit by July 31, 2001, a five-year research and management
plan to facilitate right whale recovery.
Native Marine Mammal Commissions.--The conference agreement
recommends that funding be distributed at current year
levels.
Observers and Training.--The conference agreement
distributes funding as follows: (1) $425,000 for the North
Pacific fishery observer training program; (2) $1,875,000 for
North Pacific marine resources observers; (3) $350,000 for
east coast observers; (4) $2,275,000 for west coast
observers; (5) $1,200,000 for observers for Hawaii; and (6)
$350,000 for Atlantic coast observers. NMFS is directed to
submit a spending plan prior to allocation of funding. Senate
language regarding enforcement and surveillance is adopted by
reference.
Interstate Fish Commissions.--The conference agreement
includes $8,000,000 for this activity, of which $750,000 is
to be equally divided among the three commissions, and
$7,250,000 is for implementation of the Atlantic Coastal
Fisheries Cooperative Management Act.
Other.--In addition, within the funds available for the
Saltonstall-Kennedy grants program, NMFS is directed to
provide to the Alaska Fisheries Development Foundation
funding to be used in accordance with the direction included
in the Senate report, and to provide funds pursuant to the
direction included in the House report to support ongoing
efforts related to Vibrio vulnificus. Senate report language
regarding the Hawaiian fisheries development program and the
Oceanic Institute is adopted by reference.
oceanic and atmospheric research
The conference agreement includes a total of $323,189,000
for Oceanic and Atmospheric Research activities, instead of
$264,561,000 as recommended in the House bill and
$318,210,000 as recommended in the Senate-reported amendment.
Interannual and Seasonal Climate Research.--The conference
agreement includes $14,943,000 for interannual and seasonal
climate research, of which $2,000,000 is for the Institute
for the Study of Earth, Oceans, and Space.
Climate and Global Change Research.--The conference
agreement includes $68,500,000 for the Climate and Global
Change research program, of which $750,000 is above base
resources for the International Research Institute for
Climate Prediction to restore it to the fiscal year 2000
appropriated level of funding. Of the amounts provided,
$1,000,000 is for the variability beyond ENSO activity,
$1,000,000 is the climate forming agents activity, and
$2,000,000 is for refinement of climate models.
Climate Observations & Services.--The conference agreement
includes $1,000,000 for climate data and information;
$2,000,000 for baseline observations; $5,000,000 for ocean
observations; $3,000,000 for the climate reference network;
and $1,250,000 for an ice research program at the Thayer
School of Engineering.
Long-Term Climate and Air Quality Research.--The conference
agreement provides $33,019,000 for this activity. Funding is
distributed as follows: $27,850,000 for base; $500,000 for
the California ozone study; and $4,669,000 for the Health of
the Atmosphere initiative.
Atmospheric Programs.--The conference agreement provides
$37,500,000 for this activity. Of this amount, $1,000,000 is
provided for research related to wind-profile data in
accordance with the direction provided in the Senate report.
In addition, $1,500,000 is provided for the U.S. Weather
Research Program for hurricane-related research.
STORM.--The conference agreement includes $350,000 for the
Science Center for Teaching, Outreach and Research on
Meteorology for the collection and analysis of weather data
in the Midwest.
Marine Prediction Research.--The conference agreement
includes $32,525,000 for marine prediction research. Within
this amount, the following is provided: $9,825,000 for the
base program; $1,650,000 for Arctic research; $2,400,000 for
the Open Ocean Aquaculture program; $3,300,000 for tsunami
mitigation, of which $1,000,000 is for TWEAK; $150,000 for a
Lake Champlain Study; $2,100,000 for the VENTS program;
$4,300,000 for continuation of the initiative on aquatic
ecosystems, including $300,000 for a nitrogen study;
$1,650,000 for implementation of the National Invasive
Species Act, of which $850,000 is for the Chesapeake Bay and
Great Lakes ballast water demonstrations; $100,000 for the
Lake Champlain Canal Barrier Demonstration, as referenced in
Senate report; $500,000 for additional resources to support
Hypoxia research; $2,600,000 for mariculture research; and
$450,000 for the Pacific tropical fish program to be
administered by HIEDA. The conference agreement includes
$2,000,000 for the ocean exploration initiative, as
referenced in Senate report; $500,000 for the International
Pacific Research Center at the University of Hawaii, and
$1,000,000 for the SE Atlantic Marine monitoring and
prediction center at the University of North Carolina, as
referenced in the Senate report.
GLERL.--Within the $7,000,000 provided for the Great Lakes
Environmental Research Laboratory, the conference agreement
assumes continued support for the Great Lakes nearshore and
zebra mussel research programs at current levels.
Sea Grant.--The conference agreement includes $62,250,000
for the National Sea Grant program, of which $56,250,000 is
for the base program. Sea Grant is directed to fund the
oyster disease research program at $2,000,000, an increase of
$500,000, and to maintain current levels for the zebra mussel
research program and the Gulf of Mexico oyster program. The
Sea Grant program is directed to develop a research plan to
address the causes of harmful algal blooms and a monitoring
and prevention program and submit to the Committees on
Appropriations by June 30, 2001.
National Undersea Research Program (NURP).--The conference
agreement includes $15,800,000 for the National Undersea
Research Program (NURP). The Senate report included
$17,800,000 for this program; the House did not include
funding for this program. Of the amount provided, $6,900,000
is for research conducted through the east coast NURP centers
and $6,900,000 is for the west coast NURP centers, including
Hawaiian and Pacific center and the west coast and polar
regions center. The conferees expect level funding will be
available for Aquarius, ALVIN, and program administration. Of
the amount provided, $2,000,000 is for the National Center
for Natural Products.
national weather service
The conference agreement includes a total of $630,802,000
for the National Weather Service (NWS), instead of
$621,726,000 as proposed in the House bill, and $631,339,000
as proposed in the Senate-reported amendment.
Local Warnings and Forecasts.--The conference agreement
includes $462,180,000 for this activity, including
$452,280,000 for base, $4,790,000 for mitigation activities,
and $400,000 for the Cooperative Observers Network. The NWS
is directed to submit a spending plan to the Committees on
Appropriations for the Cooperative Observers Network. Within
the total amount provided for Local Warnings and Forecasts,
$270,000 is for the North Dakota Agricultural Weather
Network, $590,000 is for the University of Utah for support
to the Winter Olympics; and $500,000 is for the Mount
Washington Observatory, as directed in Senate report. The NWS
is directed to follow direction in the Senate report relating
to ``the 1995 Secretary's Report to Congress on the Adequacy
of NEXRAD Coverage and Degradation of Weather Services'', and
to make appropriate arrangements for Erie, PA and Williston,
ND. Of the funds provided for Local Warnings and Forecasts,
$3,350,000 is provided for data buoys, of which $1,700,000 is
for Alaska.
Weather Radio Transmitters.--Of the amount provided,
$2,323,000 is provided for base; $500,000 is for the sate of
Illinois, to complete state-wide implementation; $77,000 is
for a transmitter in Mason County, Kentucky; $100,000 is for
Melba, Mississippi transmitters; $100,000 is for Barrow,
Alaska; $125,000 is for New Hampshire; $855,000 is for
Kentucky, including Elizabethtown; $150,000 is for South
Dakota; and $78,000 is for a transmitter in Steuben County,
Indiana.
national environmental satellite, data and information service
The conference agreement includes $125,235,000 for NOAA's
satellite and data management programs. In addition, the
conference agreement includes $580,977,000 under the NOAA PAC
account for satellite systems acquisition and related
activities.
Satellite Observing Systems.--The conferees have included
$60,300,000 for this activity, an increase of $3,000,000 for
the Global Disaster Information Network (GDIN). Funding for
other services is consistent with current year levels.
Funding for the wind demonstration project is to be provided
in accordance with the direction in the Senate report.
Environmental Data Management.--The conference agreement
includes: $64,935,000 for EDMS activities. For EDMS base
activities, the conference agreement includes $25,000,000. No
funds are included to continue weather record rescue and
preservation activities or the environmental data rescue
program. The conference agreement includes $500,000 for the
Cooperative Observers Network modernization. In addition,
$6,000,000 is included for the Coastal Ocean Data Development
Center and $2,500,000 for the Center for Spatial Data
Research at Jackson State University. The conference
agreement provides $15,700,000 to continue the multi-year
program of climate database modernization and utilization, as
referenced in the House report. The conference agreement
includes $2,900,000 for the Regional Climate Centers.
program support
The conference agreement provides $81,305,000 for NOAA
program support, instead of $58,094,000 as provided in the
House report, and $68,805,000, as provided in the Senate-
reported amendment. Included in this total is $11,809,000 for
Aircraft Services, including an increase to base of $800,000
for increased fuel costs. Included in the amount
[[Page H12471]]
provided, $15,000,000 is for the new educational program with
Minority Serving Institutions. Under Departmental Management,
the Commerce Department is directed to submit reports on the
Commerce Administrative Management System (CAMS)
implementation, as referenced in the Senate report.
The conference agreement includes $750,000 to fund a study
to review the ability of NMFS to adequately meet its legal
missions and requirements. NOAA is expected to have the
review headed by an individual from outside the agency who is
familiar with oceans and fishery management issues. The
individual selected must seek the assistance of the National
Academy of Sciences and the American Society of Public
Administration in conducting a top to bottom review of NMFS
programs, budgetary requirements, management, and constituent
relations. This review must be completed within one year.
NOAA is expected to give regular progress reports to the
Committees on Appropriations prior to submitting the final
written report outlining the findings and recommendations for
the future.
fleet planning and maintenance
The conference agreement includes $11,010,000 for this
activity, instead of $7,000,000 in the House report, and
$19,004,000 in the Senate-reported amendment. The amount
provided includes $9,294,000 for base and $1,716,000 for
additional days at sea and general maintenance.
facilities
The conference agreement includes $11,235,000 for
facilities maintenance, lease costs, and environmental
compliance, instead of $11,015,000 as proposed in the House
report, and $31,267,000 as recommended in the Senate report.
The Department of Commerce is directed to continue working
with the General Services Administration (GSA) to address the
39 percent increase in GSA rental charges for the Boulder
facility, as referenced in the Senate report language.
procurement, acquisition and construction
(including transfers of funds)
The conference agreement includes a total of $682,899,000
in direct appropriations for the Procurement, Acquisition and
Construction account, and assumes $7,504,000 in deobligations
from this account. The following distribution reflects the
fiscal year 2001 funding provided for activities within this
account:
Systems Acquisition:
CAMS......................................................$19,823,000
ASOS........................................................3,855,000
NEXRAD......................................................8,280,000
Computer Facilities Upgrade................................15,085,000
Evansville Doppler..........................................5,500,000
Polar Spacecraft and Launching............................210,310,000
Geostationary Spacecraft and Launching....................290,824,000
Radiosonde Replacement......................................5,000,000
AWIPS......................................................16,300,000
National Data Archives......................................2,000,000
GFDL Supercomputer..........................................4,000,000
________________
Subtotal, Systems Acquisition...........................580,977,000
================
Construction:
WFO Construction............................................9,526,000
NERRS Construction..........................................7,500,000
N.Y. Botanical Garden.......................................3,500,000
Alaska Facilities..........................................19,000,000
National Marine Life Center...................................800,000
Norman, Oklahoma............................................3,000,000
Aquatic Resources...........................................5,000,000
Pribilof Cleanup............................................6,000,000
Folley Beach Tract..........................................2,000,000
Suitland Facility..........................................15,000,000
Kasitsna Bay Lab/Kachemak Bay...............................5,000,000
Great Bay...................................................5,000,000
________________
Subtotal, Construction...................................81,326,000
================
Fleet Replacement:
Fishery Research Vessel Replacement.........................8,300,000
ADVENTUROUS Refurbishment...................................8,000,000
FAIRWEATHER Refurbishment...................................6,800,000
Navy Surplus Coastal Research Vessel........................5,000,000
________________
Subtotal, Fleet Replacement..............................28,100,000
Systems Acquisition.--Of the funding provided for Polar
Spacecraft and Launching, $73,325,000 is for Polar
Convergence. A total of $290,824,000 for the Geostationary
Spacecraft and Launching line is provided as requested in the
budget.
Construction.--The funds appropriated for National
Estuarine Research Reserve construction are to be distributed
as follows: $7,000,000 is for overall NERRS requirements, and
$500,000 is for the Jacques Cousteau NERRS. The funds
appropriated for Alaska facilities are to be distributed as
follows: $15,000,000 is for the Juneau Lab, and $4,000,000 is
for the SeaLife Center. The conference agreement includes
$3,000,000 for architecture and engineering of a building for
the University of Oklahoma. The conference agreement assumes
that funding for NOAA's occupancy of the proposed building
will be based on an operating lease arrangement once the
building has been constructed by the University of Oklahoma
and is ready for NOAA occupancy.
In addition, the conference agreement includes $15,000,000
for NOAA's Suitland, Maryland facility. Funding is provided
to cover those costs in addition to the basic building costs
provided by the GSA. Bill language is included to prohibit
the Department of Commerce from paying the traditional GSA
building requirements for the Suitland facility.
Fleet Replacement.--The conference agreement includes
funding for the refurbishment of the Fairweather in Alaska
and the Navy Surplus YTT vessel, other than baseline
operations, in South Carolina.
coastal and ocean activities
In addition to the funds provided to the National Oceanic
and Atmospheric Administration in the above table and
narrative, the conference agreement includes an additional
$420,000,000 for special purposes. Of this amount,
$150,000,000 is for coastal impact assistance as authorized
by section 31 of the Outer Continental Shelf Act for fiscal
year 2001 only and does not alter the underlying
authorization; $135,000,000 is for ocean, coastal and
conservation programs, and $135,000,000 is for National
Oceanic and Atmospheric Administration programs. Of the funds
provided for ocean, coastal and conservation programs,
$10,000,000 is provided for implementation of Sate nonpoint
pollution control plans pursuant to section 6217 of the
Coastal Zone Act, as amended, other than Alaska; $30,000,000
is for competitive grants for coastal communities in the
Great Lakes region; $14,000,000 is for the University of New
Hampshire marine facilities program; $1,000,000 is for the
Sea Coast Science Center; $3,000,000 is for the Great Bay
Partnership; $1,000,000 is for the New Hampshire Department
of Environmental Services Marsh Restoration initiative;
$1,000,000 is for the Mississippi Laboratories at Pascagoula,
$8,000,000 is for the ACE Basin NERRS Research Center
construction, $2,500,000 is for Winyah Bay land acquisition,
$2,000,000 is for ACE Basin Land Acquisition, $10,000,000 is
for the Sealife Center, $4,000,000 is for Kachameck Bay NERRS
research center construction; $1,000,000 is for the Raritan,
N.J. NERRS land acquisition; $10,000,000 is for DuPage River
restoration; $1,000,000 if for Detroit River restoration,
$500,000 is for lower Rouge River restoration; $8,500,000 is
for Bronx River restoration and land acquisition; $16,000,000
is for a grant for Eastern Kentucky Pride, Inc., of which
$11,000,000 is for design and construction of facilities for
water protection and related environmental infrastructure,
and $5,000,000 is for the aquatic resources environmental
initiative; $3,000,000 is for a grant to the Louisiana
Department of Natural Resources for brown marsh research,
mitigation and nutria control; $2,000,000 is for land
acquisition in southern Orange County, California for
conservation of coastal sage scrub and riparian habitats;
$3,000,000 is for planning, renovation and construction of
facilities for a new national estuarine research reserve in
San Francisco, California; $2,000,000 is for a grant to the
National Fish and Wildlife Foundation for species management
and esturaine habitat conservation; and $1,500,000 is for a
grant to the Pinellas County Environmental Foundation for the
Tampa Bay watershed. Of the funds provided for the National
Oceanic and Atmospheric Administration programs, $5,000,000
is for National Estuarine Research Reserve operations,
$12,000,000 is for Marine Sanctuary operations, $8,500,000
for Coastal Zone Management, $1,500,000 for CZMA Program
Administration, $4,000,000 is for marine mammal strandings,
$14,000,000 is for the National Ocean Service's protection of
coral reefs program, $11,000,000 is for the National Marine
Fisheries Service's Coral reefs program, $36,000,000 is for
additional amounts for the purpose of the Pacific Coastal
Salmon Recovery account, $6,000,000 is for fisheries habitat
restoration, $15,000,000 is for NOAA's Cooperative
Enforcement initiative, $3,000,000 is for Atlantic coast
observers, $3,000,000 is for Cooperative Research, $3,000,000
is for Red Snapper research, $3,000,000 is for Aquaculture,
$5,000,000 is for Harmful Algal Bloom research, $2,000,000 is
for the Ocean Exploration initiative, and $3,000,000 is for
Marine Sanctuary construction. The amounts provided under
this heading for certain activities for ocean, coastal and
waterway conservation programs are in addition to amounts
provided elsewhere in this bill.
Of the $135,000,000 provided for NOAA programs, NOAA is
directed to develop and submit to the Committees on
Appropriations an implementation plan for the additional
funding initiatives by February 28, 2001.
Great Lakes Coastal Restoration Grants.--The conference
agreement includes a new appropriation of $30,000,000 for
matching grants to be awarded competitively to state and
local governments to undertake coastal and water quality
restoration projects in the Great Lakes region. Proposals
funded under this program should be consistent with a Great
Lakes State's approved coastal management program under
section 306 of the Coastal Zone Management Act. Restoration
projects eligible for funding would include contaminated site
cleanup, stormwater controls, wetland restoration,
acquisition of greenways and buffers, and other projects
designed to control polluted runoff and protect and restore
coastal resources. NOAA is directed to develop and submit to
the Committees on Appropriations an implementation plan for
this initiative no later than January 15, 2001.
[[Page H12472]]
pacific salmon coastal recovery
In fiscal year 2000, funding for the Southern Fund was
provided under the NOAA, ORF account heading. The conference
agreement includes funding for the Northern Transboundary
Fund and Southern Transboundary Fund under this heading, in
addition to funding provided within the Department of State.
The conference agreement includes the full amount requested
for the funds and for a payment to the State of Washington.
In addition, the conference agreement includes $54,000,000
for salmon habitat restoration, stock enhancement, and
research. Of this amount, $18,000,000 is provided to the
State of Washington, $10,000,000 is provided to the State of
Alaska, $9,000,000 is provided to the State of Oregon, and
$9,000,000 is provided to the State of California. In
addition, $6,000,000 is provided for coastal tribes, and
$2,000,000 for river tribes. Of the funds made available to
the State of Washington, $4,000,000 shall be allocated
through the Salmon Recovery Funding Board directly to the
Washington State Department of Natural Resources and other
State and Federal agencies for purposes of implementing the
State of Washington's Forest and Fish Report. The monies
shall be spent in accordance with the terms and conditions of
the Forest and Fish Report and consistent with the
requirements of the Endangered Species Act and Clean Water
Act. Of the funding made available to the State of Alaska,
$350,000 shall be used to continue the operation of the
Crystal Lake hatchery in Petersburg, and $1,000,000 for the
Metlakatla hatchery. None of the $54,000,000 shall be used
for the buy back of commercial fishing licenses or vessels.
The conference agreement includes language proposed in the
House bill making funding under this heading subject to
express authorization. The Senate-reported amendment did not
include this language.
COASTAL ZONE MANAGEMENT FUND
The conference agreement includes an appropriation of
$3,200,000 as provided in the Senate-reported amendment,
instead of $4,000,000 as provided in the House bill. This
amount is reflected under the National Ocean Service within
the Operations, Research, and Facilities account.
FISHERMEN'S CONTINGENCY FUND
The conference agreement includes $952,000 for the
Fishermen's Contingency Fund. The House bill included
$951,000 and the Senate-reported amendment included $953,000
for this program.
foreign fishing observer fund
The conference agreement includes $191,000 for the expenses
related to the Foreign Fishing Observer Fund, as provided in
the Senate-reported amendment. The House bill included
$189,000 for this program.
fisheries finance program account
The conference agreement provides $288,000 in subsidy
amounts for the Fisheries Finance Program Account, instead of
$238,000 as provided in the House bill and $338,000 as
provided in the Senate-reported amendment. Funding is
provided in accordance with the Senate-reported amendment.
Departmental Management
salaries and expenses
The conference agreement includes $35,920,000 for the
departmental management of the Commerce Department, instead
of $28,392,000, as proposed in the House bill, and
$32,340,000, as proposed in the Senate-reported amendment; of
which $4,000,000 is provided for the Department's re-wiring
initiative. No funding is provided for the security
initiative. Funding of $19,823,000 is provided within NOAA
for the Commerce Administrative Management System (CAMS). The
Commerce Department is directed to submit quarterly reports
for implementation of CAMS, the initial report should include
an overview of planned CAMS implementation, including
milestones, and cost estimates for each stage of deployment.
All subsequent reports should outline progress in meeting the
milestones and spending targets.
Office of Inspector General
The conference agreement includes $20,000,000 for the
Commerce Department Inspector General, instead of $21,000,000
as recommended in the House bill and $19,000,000 as
recommended in the Senate-reported amendment. The Inspector
General is reminded that office closings, staff reductions,
or reorganizations are subject to the reprogramming
procedures outlined in section 605 of this Act.
GENERAL PROVISIONS--DEPARTMENT OF COMMERCE
The conference agreement includes the following general
provisions for the Department of Commerce:
Sec. 201.--The conference agreement includes section 201,
included in both the House bill and the Senate-reported
amendment, regarding certifications of advanced payments.
Sec. 202.--The conference agreement includes section 202,
identical in the House bill and the Senate-reported
amendment, allowing funds to be used for hire of passenger
motor vehicles.
Sec. 203.--The conference agreement includes section 203,
identical in the House bill and the Senate-reported
amendment, prohibiting reimbursement to the Air Force for
hurricane reconnaissance planes.
Sec. 204.--The conference agreement includes section 204,
identical in the House bill and the Senate-reported
amendment, prohibiting funds from being used to reimburse the
Unemployment Trust Fund for temporary census workers. The
Senate-reported amendment included a provision prohibiting
reimbursements in relation to the 1990 decennial census.
Sec. 205.--The conference agreement includes section 205,
as proposed in the House bill, regarding transfer authority
among Commerce Department appropriation accounts. The Senate-
reported amendment proposed to increase the percentage of
funding available for transfer.
The conference agreement does not include section 206 of
the House bill providing for the notification of the House
and Senate Committees on Appropriations of a plan for
transferring funds to appropriate successor organizations
within 90 days of enactment of any legislation dismantling or
reorganizing the Department of Commerce. The Senate bill did
not contain a provision on this matter.
Sec. 206.--The conference agreement includes section 206,
included in both the House bill and the Senate-reported
amendment, requiring that any costs related to personnel
actions incurred by a department or agency funded in title II
of the accompanying Act be absorbed within the total
budgetary resources available to such department or agency,
with a modification to include loan collateral and grants
protection.
Sec. 207.--The conference agreement includes section 207,
as proposed in both the House bill and the Senate-reported
amendment, allowing the Secretary to award contracts for
certain mapping and charting activities in accordance with
the Federal Property and Administrative Services Act.
Sec. 208.--The conference agreement includes section 208,
as proposed in both the House bill and the Senate-reported
amendment with minor technical changes, allowing the
Department of Commerce Franchise Fund to retain a portion of
its earnings from services provided.
Sec. 209.--The conference agreement includes section 209,
modified from a provision in the Senate-reported amendment,
to provide $14,000,000 within the ``National Institute of
Standards and Technology, Construction of Research
Facilities'' account, for four construction projects. Of this
amount, $4,000,000 is appropriated to the Institute at Saint
Anselm College, $4,000,000 is for a cooperative agreement
with the Medical University of South Carolina, $3,000,000 is
for the Thayer School of Engineering for the biocommodity and
biomass research initiative, and $3,000,000 is appropriated
to establish the Institute for Information Infrastructure
Protection at the Institute for Security Technology Studies.
In addition, of the amounts provided within the NOAA PAC
account, $5,000,000 is provided for a grant to Pride, Inc.
Sec. 210.--The conference agreement includes a new
provision, numbered as section 210, which establishes the Dr.
Nancy Foster Memorial Scholarship program for advanced
degrees in marine studies, as part of the National Marine
Sanctuary Program.
TITLE III--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
The conference agreement includes $37,591,000 for the
salaries and expenses of the Supreme Court, as provided in
the Senate-reported amendment, instead of $36,782,000 as
provided in the House bill.
House report language with respect to law clerk selection
is adopted by reference.
care of the building and grounds
The conference agreement includes $7,530,000 for the
Supreme Court Care of the Building and Grounds account, as
provided in the House bill and the Senate-reported amendment.
This is the amount the Architect of the Capitol currently
estimates is required for fiscal year 2001.
United States Court of Appeals for the Federal Circuit
salaries and expenses
The conference agreement includes $17,930,000 for the U.S.
Court of Appeals for the Federal Circuit as provided in the
Senate-reported amendment, instead of $17,846,000 as provided
in the House bill. This provides funding for base adjustments
and two additional assistants. No funding is provided for
additional staff in the Clerk's office.
United States Court of International Trade
salaries and expenses
The conference agreement includes $12,456,000 for the U.S.
Court of International Trade as provided in the Senate-
reported amendment, instead of $12,299,000 as provided in the
House bill.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
The conference agreement provides $3,359,725,000 for the
salaries and expenses of the Federal Judiciary as provided in
the Senate-reported amendment, instead of $3,328,778,000 as
provided in the House bill.
House report language with respect to the Southwest Border
is adopted by reference.
An April 2000 review of Federal judges sharing of
courtrooms prepared by the Congressional Budget Office (CBO)
indicated that courtroom sharing by judges should not cause
trial delays for a significant number of
[[Page H12473]]
trials, and that for the few that might be delayed the
waiting time would be less than half a day. The CBO study
also found that many courtrooms are in use for a small
percentage of the available workdays. A study of the
Judiciary's space and facilities program recently completed
by Ernst and Young, however, suggested that requiring judges
to share courtrooms is not practical. The Ernst and Young
report stated that current court records do not adequately
track courtroom usage, making it difficult to determine if
courtroom sharing by Federal judges is a viable option. The
conference agreement directs CBO to review and comment on the
Ernst and Young report, and to provide the Committees on
Appropriations with its findings no later than February 1,
2001. The Administrative Office of the U.S. Courts shall
provide such assistance as may be necessary to CBO to
complete its review. This issue is of great importance
because any reduction in the number of courtrooms and
associated court space could significantly reduce rental
payments, which continue to consume an inordinate amount of
the Judiciary's available resources.
vaccine injury compensation trust fund
The conference agreement provides $2,602,000 from the
Vaccine Injury Compensation Trust Fund for expenses
associated with the National Childhood Vaccine Injury Act of
1986 as provided in the Senate-reported amendment, instead of
$2,600,000 as provided in the House bill.
defender services
The conference agreement includes $435,000,000 for the
Federal Judiciary's Defender Services account, instead of
$420,338,000 as provided in the House bill, and $416,368,000
as provided in the Senate-reported amendment. The conference
agreement directs that a portion of the funds made available
be used for an increase to $75 an hour for in-court time and
$55 an hour for out-of-court time for Criminal Justice Act
panel attorneys.
Language relating to capital habeas corpus costs in the
House report is adopted by reference.
fees of jurors and commissioners
The conference agreement includes $59,567,000 for Fees of
Jurors and Commissioners, as proposed in the Senate-reported
amendment, instead of $60,821,000 as provided in the House
bill.
court security
The conference agreement includes $199,575,000 for the
Federal Judiciary's Court Security account as provided in the
Senate-reported amendment, instead of $198,265,000 as
proposed in the House bill. Of the amount provided,
$10,000,000 for security system funding shall remain
available until expended.
Administrative Office of the United States Courts
salaries and expenses
The conference agreement includes $58,340,000 for the
Administrative Office of the United States Courts as provided
in the House bill, instead of $50,000,000 as provided in the
Senate-reported amendment.
Language in the introductory section relating to the
Federal Judiciary in the House report with respect to the
Optimal Utilization of Judicial Resources report is adopted
by reference.
Federal Judicial Center
salaries and expenses
The conference agreement includes $18,777,000 for fiscal
year 2001 salaries and expenses of the Federal Judicial
Center as provided in the House bill, instead of $19,215,000
as proposed in the Senate-reported amendment. Of the amount
provided, $1,000 shall be available for official reception
and representation expenses, as provided in the House bill,
instead of $1,500 as proposed in the Senate-reported
amendment.
Judicial Retirement Funds
payment to judiciary trust funds
The conference agreement includes $35,700,000 for payment
to the various judicial retirement funds, as provided in both
the House bill and the Senate-reported amendment.
United States Sentencing Commission
salaries and expenses
The conference agreement includes $9,931,000 for the U.S.
Sentencing Commission, as provided in the Senate-reported
amendment, instead of $9,615,000 as provided in the House
bill.
General Provisions--The Judiciary
Section 301.--The conference agreement includes a provision
included in both the House bill and the Senate-reported
amendment allowing appropriations to be used for services as
authorized by 5 U.S.C. 3109.
Sec. 302.--The conference agreement includes a provision as
proposed in the House bill related to the transfer of funds,
instead of the modification proposed in the Senate-reported
amendment. The House report language with respect to section
302 is incorporated by reference.
Sec. 303.--The conference agreement includes a provision
included in both the House bill and the Senate-reported
amendment allowing up to $11,000 of salaries and expenses
provided in this title to be used for official reception and
representation expenses of the Judicial Conference of the
United States.
Sec. 304.--The conference agreement includes a provision
included in the House bill to authorize the Judiciary to
appoint statutory certifying officers who will be responsible
for verifying the receipt of and payment for goods and
services. This authority is currently available to the
Executive Branch. The Senate-reported amendment did not
contain a similar provision.
Sec. 305.--The conference agreement includes a new
provision authorizing ten district judgeships, one for each
of the following states: Arizona, Florida, Kentucky, Nevada,
New Mexico, South Carolina, Virginia, and Wisconsin; and two
additional district judgeships for Texas. In addition, the
section directs the Chief Judge of the Eastern District of
Wisconsin to designate one judge who shall hold court for
such district in Green Bay, Wisconsin.
Sec. 306.--The conference agreement includes a new
provision that allows the United States Court of Appeals for
the Federal Circuit to appoint a circuit executive or a
clerk, but not both, or to appoint a combined circuit
executive/clerk.
Sec. 307.--The conference agreement includes a new
provision to extend to the Judiciary authority currently
available to the Legislative and Executive branches of
Government, to use appropriated funds to pay for the
employment of personal assistants. The language will allow
the judicial branch to hire readers for the blind,
interpreters for the deaf, and other personal assistants as
may be necessary for judges and other employees with
disabilities.
Sec. 308.--The conference agreement includes a new
provision to bring the Supreme Court Police into parity with
the retirement benefits provided to the United States Capitol
Police and other Federal law enforcement agencies.
Sec. 309.--The conference agreement includes a provision,
modified from a provision proposed as section 304 in the
Senate-reported amendment. The modified language authorizes
Justices and judges of the United States to receive a salary
adjustment only if under each provision of law amended by
section 704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C.
5318 note), adjustments under 5 U.S.C. 5305 shall take effect
in fiscal year 2001. If such adjustments are made, then
$8,801,000 is appropriated for the cost of adjustments under
this Title. The House bill did not include a similar
provision on this matter.
The conference agreement does not include the Senate
provision related to honoraria or outside earnings limits for
Federal judges.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
The conference agreement includes a total of $3,168,725,000
for Diplomatic and Consular Programs, instead of
$3,089,325,000 as included in the House bill and
$3,148,494,000 as included in the Senate-reported amendment.
The conference agreement includes $2,718,725,000 for State
Department activities under this account, $40,000,000 related
to the implementation of the 1999 Pacific Salmon Treaty, and
an additional $410,000,000 to remain available until expended
for worldwide security upgrades.
The conference agreement includes language in this account,
and throughout this Title, that modifies citations of
authorization legislation carried in previous years. These
changes are intended to simplify and streamline bill
language, and are not intended to modify the authorities for
the use of funds under any account.
The conference agreement does not include language proposed
in the Senate-reported amendment to modify the purposes for
which funds transferred from this account to the
``Emergencies in the Diplomatic and Consular Service''
account may be used.
The conference agreement includes language, not included in
the House bill or the Senate-reported amendment, transferring
$1,400,000 to the Presidential Advisory Commission on
Holocaust Assets in the United States.
The conference agreement includes language, as proposed in
the House bill, which makes fees collected in fiscal year
2001 related to affidavits of support available until
expended. The Senate-reported amendment gave the Department
permanent authority to use such fee collections.
The conference agreement includes language designating
$246,644,000 for public diplomacy international information
programs as proposed in the House bill. The Senate-reported
amendment did not contain a similar provision. This amount
represents the full requested funding level for these program
activities.
The conference agreement includes language under this
account allowing the Department to collect and use
reimbursements for services provided to the press. This
language was proposed in the Senate-reported amendment under
``Representation Allowances''. The House bill did not contain
a provision on this matter.
The conference agreement does not include language proposed
in the Senate-reported amendment to place limitations on
certain details of State Department senior executives to
other agencies or organizations. The House bill did not
include a similar provision.
The conference agreement does not include an earmark of
$5,000,000 under this account, as proposed in the Senate-
reported amendment, for a payment to the City of Seattle
[[Page H12474]]
for costs incurred as host of the WTO Ministerial Conference.
The House bill did not include a provision on this matter.
The conference agreement addresses this issue under the
``Protection of Foreign Missions and Officials'' account.
The conference agreement does not adopt a Senate provision
providing $1,000,000 to establish an Ambassador's Fund for
Cultural Preservation. Instead, the Department shall identify
up to $1,000,000 from funds provided under this account for
an Ambassador's Fund for Cultural Preservation as described
in the Senate report. United States Ambassadors in less-
developed countries may submit competitive proposals for one-
time or recurring projects with awards based on the
importance of the site, object, or form of expression, the
country's need, the impact of the United States contribution
to the preservation of the site, object, or form of
expression, and the anticipated benefit to the advancement of
United States diplomatic goals. The Department is directed to
submit an annual report to the House and Senate Committees on
Appropriations on the selection process used, and on the
expenditure of funds by project.
The conference agreement includes language making
$5,000,000 available for overseas continuing language
education, instead of $10,000,000 as proposed in the Senate-
reported amendment. The House bill did not include a similar
provision. Language in the Senate report requiring a report
on the distribution of this funding is adopted by reference.
The conference agreement does not include language
earmarking $12,500,000 for the East-West Center, as proposed
in the Senate-reported amendment. The House bill did not
contain a similar provision. Funding for the East-West Center
is addressed under a separate heading in this Title.
The conference agreement does not include language
earmarking $1,350,000 for the Protection Project as proposed
in the Senate-reported amendment. The House bill did not
contain a similar provision. The Department is directed to
continue support for this activity.
The conference agreement includes language allowing certain
advances for services related to the Panama Canal Commission
to be credited to this account and to remain available until
expended, as proposed in the House bill. The Senate-reported
amendment did not include a similar provision.
The conference agreement includes a provision, modified
from language included in the Senate-reported amendment,
designating $40,000,000 under this account to implement the
1999 Pacific Salmon Treaty. The Senate-reported amendment
provided $60,000,000 for this purpose, and the House bill did
not contain a similar provision. Of the amount provided,
$10,000,000 is for further capitalizing the Northern Boundary
Fund, $10,000,000 is for further capitalizing the Southern
Boundary Fund, and $20,000,000 is for the State of Washington
Department of Fish and Wildlife as authorized under section
628 of this Act.
The conference agreement does not include a provision
proposed in the Senate-reported amendment regarding funding
for the Office of Defense Trade Controls. The Office is
expected to review applications, regardless of identified end
user, with the utmost scrutiny.
The conference agreement includes language requiring the
Department to notify Congress fifteen days in advance of
processing licenses for the export of satellites to the
People's Republic of China, as proposed in the Senate-
reported amendment. The House bill included an identical
provision under the Department of Commerce, Bureau of Export
Administration.
The conference agreement includes a provision, not in the
House bill or the Senate-reported amendment, to allow the
Department to collect and deposit Machine Readable Visa fees
as offsetting collections to this account in fiscal years
2001 and 2002 to recover costs. The conference agreement does
not include provisions to limit the use of Machine Readable
Visa fees in fiscal year 2001 and to make excess collections
available in the subsequent fiscal year, as carried in both
the House bill and the Senate-reported amendment. The House
bill included a fiscal year 2001 spending limitation of
$342,667,000. The Senate-reported amendment included a
limitation of $267,000,000.
The conference agreement does not include language proposed
in the Senate-reported amendment earmarking funds for the
Office of the Coordinator for Counterterrorism and for the
preparation of a study on the U.S. Government response to an
international WMD terrorist event. The House bill did not
include a similar provision.
The conference agreement includes $410,000,000 for
worldwide security upgrades under this account as proposed in
the House bill, instead of $272,736,000 as proposed in the
Senate-reported amendment. The Department shall submit a
detailed spending plan by December 31, 2000, for the entire
amount provided for worldwide security upgrades. The House
report designated $66,000,000 for a perimeter security
initiative, and $16,000,000 to support additional staffing
for the Bureau of Diplomatic Security, as requested. Since
the time of the budget request, the Department has notified
the Committees of increasing requirements to implement
perimeter security upgrades. The Department is expected to
reflect this development in the spending plan, increasing the
amount for perimeter security and decreasing the amount for
staffing. Any amount exceeding $8,000,000 for increased
staffing will be subject to reprogramming. The conference
agreement adopts, by reference, language in the Senate report
regarding bomb detection equipment and a report on certain
security issues.
The Committees acknowledge the Department's continuing
efforts to increase minority recruitment and diversity in the
Foreign Service and commend the Department for its ongoing
efforts to partner with Howard University and other
institutions. For fiscal year 2001 the Department is directed
to supplement its minority recruitment activities by
initiating a model program to facilitate the entry of non-
traditional and minority students into foreign policy
careers. This program would provide a continuum of education
and support for successful students at two- and four-year
colleges to continue their studies at a university that
provides undergraduate programs for non-traditional students
and graduate studies in international and public affairs. The
Department is directed to provide $1,000,000 to the
educational partnership between Hostos Community College and
Columbia University in New York to establish such a model
program. It is expected that this new program would assist
members of minority groups in pursuing careers in the Foreign
Service and the State Department.
Within the amount provided under this account, and
including any savings the Department identifies, the
Department will have the ability to propose that funds be
used for purposes not specifically funded by the conference
agreement through the normal reprogramming process.
Extended tours, particularly at language incentive posts,
could improve efficiency and reduce costs. The Department is
directed to report to the Committees, not later than February
15, 2001 on: 1) cost savings by subaccount that would result
from four-year tours being adopted; 2) proposed changes to
promotion criteria necessary to accommodate four-year tours;
and 3) proposed four-year assignments by job description and
post with full justification.
The conference agreement does not adopt language in the
Senate report allocating additional funds to certain
geographic regions, but commends the Department's operations
in Buenos Aires, Argentina; Montevideo, Uruguay; and Sao
Paulo, Brazil. These posts are well run, language skills are
uniformly excellent, and personnel are genuinely enthusiastic
about, and deeply involved in, the local government,
community and culture. These posts serve as model embassies
to be emulated. The Department is urged to devote the
necessary resources to these posts to maintain the high
caliber of operations at each.
Questions have been raised concerning the adequacy of
current U.S. representation in Equatorial Guinea. Therefore,
the Department is directed to explore the establishment,
within resources currently available, of an American Presence
Post in Equatorial Guinea and to report to the Committees no
later than December 1, 2000, on the costs, staffing, and need
for such a post.
Increasing amounts of funding are requested under this
title for costs related to the absence or inadequacy of
democratic governance in Kosovo, East Timor, Sierra Leone,
and the Democratic Republic of the Congo. United Nations
peacekeeping missions in Kosovo and East Timor are, in fact,
surrogate governments, for which the United States is
assessed over thirty percent of the total costs. In order to
ensure that adequate and coordinated efforts are underway to
develop effective democratic governance, the Department is
directed to submit to the Committees a plan describing all
such U.S. Government-sponsored activities in these four
locations, and the anticipated results from these activities,
not later than May 1, 2001. The Department is directed to
coordinate closely with other U.S. Government agencies, the
United Nations, the National Endowment for Democracy, and
relevant non-governmental organizations in compiling the
plan.
The conference agreement adopts, by reference, language in
the House report regarding: reform and restructuring,
including the submission of a reorganization plan
corresponding with general provisions included in this title;
carrying out the recommendations of the Overseas Presence
Advisory Panel including the submission of a report; the
submission of a minority recruitment and hiring plan; the
Overseas Schools Advisory Council; the negotiation of
effective extradition treaties; and unfair treatment of U.S.
companies in Peru.
The conference agreement adopts, by reference, language in
the Senate report regarding: the Department's budget
justification books; amounts to be provided for the Arctic
Council and the Bering Straits Commission; the submission of
a plan regarding information about biotechnology abroad; and
a report on international sea turtle conservation efforts.
The conference agreement does not include language in the
Senate report on Sierra Leone and the Department's Bureau of
African Affairs.
CAPITAL INVESTMENT FUND
The conference agreement includes $97,000,000 for the
Capital Investment Fund, instead of $79,670,000 as proposed
in the House bill and $104,000,000 as proposed in the Senate-
reported amendment. The conference agreement does not include
language as proposed in the Senate-reported amendment
allowing the Department to retain control of
[[Page H12475]]
its overseas telecommunications infrastructure in the event
that the current joint management is abolished or dissolved.
Within the amount provided in this account, $17,000,000
shall be for a pilot project to establish a common technology
platform at overseas posts pursuant to the recommendations of
the Overseas Presence Advisory Panel. The conference
agreement includes the direction in the House report
requiring the submission of a spending plan for this pilot
project.
The conference agreement also includes, by reference, the
report on modernization projects and resulting efficiencies
requested in the House report.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $28,490,000 for the
Office of Inspector General as proposed in the House bill,
instead of $29,395,000 as proposed in the Senate-reported
amendment. The conference agreement includes, by reference,
the guidance included in both the House and Senate reports.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The conference agreement includes $231,587,000 for
Educational and Cultural Exchange Programs of the Department
of State, instead of $213,771,000 as proposed in the House
bill and $225,000,000 as proposed in the Senate-reported
amendment. The conference agreement makes the funds provided
under this account available until expended as in previous
years, and as proposed in the House bill.
The following chart displays the conference agreement on
the distribution of funds by program or activity under this
account:
[In thousands of dollars]
Amount
Academic Programs:
Fulbright Program.............................................114,000
Regional Scholars Program.......................................2,000
Foreign Study Grants for U.S. Undergraduates....................1,500
College and University Affiliations Program.....................1,000
Educational Advising and Student Services.......................3,200
English Language Programs.......................................2,600
Hubert H. Humphrey Fellowships..................................6,100
Edmund S. Muskie Fellowship Program...............................500
American Overseas Research Centers..............................2,280
South Pacific Exchanges...........................................500
Tibet Exchanges...................................................500
East Timor Exchanges..............................................500
Disability Exchange Clearinghouse.................................500
________________
Subtotal, Academic Programs.................................135,180
================
Professional and Cultural Programs:
International Visitor Program..................................46,500
Citizen Exchange Program.......................................15,000
Congress Bundestag Youth Exchange...............................2,857
Mike Mansfield Fellowship Program...............................2,200
Olympic/Paralympic Exchanges....................................1,000
Special Olympic Exchanges.........................................500
Youth Science Leadership Institute of the Americas................100
Irish Institute...................................................500
Montana International Business Exchange...........................100
University of Akron Global Business Exchange......................100
Interparliamentary Exchanges with Asia............................150
________________
Subtotal, Professional and Cultural Exchanges................69,007
================
North/South Center................................................1,400
Exchanges Support................................................26,000
================
Total.......................................................231,587
Deviations from this distribution of funds will be subject
to the normal reprogramming procedures under section 605 of
this Act. Significant carryover and recovered balances are
often available under this account, and the Department is
directed to submit a proposed spending plan for such
balances, subject to the regular reprogramming procedures. To
the extent such balances are available, the Department is
encouraged to give priority to providing additional support
for the Muskie Fellowship Program, and supporting the Central
European Executive Exchange Program and the Institute for
Representative Government.
The conference agreement includes only $500,000 in new
appropriations under this account for Muskie Fellowships for
graduate student exchanges with the former Soviet Union. In
addition to the amounts provided under this account for
nations of the former Soviet Union, the Department expects to
receive transfers from appropriations for Freedom Support Act
exchange programs. In fiscal year 2000, an additional
$93,000,000 was transferred to this account for exchanges
with the former Soviet Union, including $18,309,000 for
graduate student exchanges. A similar amount is expected to
be available for such exchanges in fiscal year 2001. In its
graduate exchange programs with the former Soviet Union, the
Department shall emphasize Masters in Business Administration
programs in such areas as marketing, distribution, and
finance.
Should balances become available, the Department is
expected to consider awarding a grant for the Central
European Executive Exchange Program. The Committees expect
that the proposal submitted for this project will include
participation from Central European countries in addition to
Hungary and the Czech Republic, and will contain a plan to
continue the project in future years without Federal
financial support.
The conference agreement includes, by reference, the
program guidance contained in both the House and Senate
reports.
REPRESENTATION ALLOWANCES
The conference agreement includes $6,499,000 for
Representation Allowances instead of $5,826,000 as proposed
in the House bill, and $6,773,000 as proposed in the Senate-
reported amendment. The conference agreement does not include
language under this account allowing the Department to
collect and use reimbursement for services provided to the
press as proposed in the Senate-reported amendment. This
language is instead included under the ``Diplomatic and
Consular Programs'' account.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
The conference agreement includes $15,467,000 for
Protection of Foreign Missions and Officials, instead of
$8,067,000 as provided in the House bill and $10,490,000 as
proposed in the Senate-reported amendment. Of the amount
provided, $5,000,000 is designated for reimbursement to the
City of Seattle. Similar language was included in the Senate-
reported amendment under ``Diplomatic and Consular
Programs''. The House bill did not address this matter. The
direction included in the House and Senate reports regarding
the review of reimbursement claims is adopted by reference.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The conference agreement includes $1,079,976,000 for this
account, instead of $1,064,976,000 as proposed in the House
bill and $782,004,000 as proposed in the Senate-reported
amendment.
The conference agreement does not include language proposed
in the Senate-reported amendment adding ``Centers for
Antiterrorism and Security Training'' to the allowable uses
of funding under this account. The House bill had no similar
language.
The conference agreement does not include a Senate
provision stating that certain proceeds of sales shall be
available only for a new embassy facility in the Republic of
Korea. Proceeds realized from the sale of the diplomatic
facility in Seoul known as ``Compound II'' shall only be
available for the site acquisition and preparation, design,
or construction of diplomatic facilities, housing, or Marine
security guard quarters in the Republic of Korea. These funds
shall be available for obligation and expenditure until all
proceeds from the sale of ``Compound II'' are exhausted. The
Committees expect the Department to provide an update every
January 1 on construction projects in the Republic of Korea.
The conference agreement includes $663,000,000 for the
costs of worldwide security upgrades, including $515,000,000
for capital security projects. The conferees direct the
Department to comply with the direction in the House report
regarding the submission of a spending plan within sixty days
of the date of enactment of this Act. In proposing such a
spending plan, the Department shall include an assessment of
need, and such funding as is appropriate, for security
upgrades related to existing housing, schools, and Marine
quarters, as well as the acquisition of new secure Marine
quarters.
The conference agreement does not include new
appropriations for non-security capital projects. The
Department has indicated that $30,500,000 is available from
previous appropriations and proceeds to pay all anticipated
site acquisition and related costs of the new Beijing
chancery project in fiscal year 2001. The conference
agreement includes, by reference, the direction in the Senate
report regarding the Beijing chancery project. The ongoing
costs of housing projects in Chengdu and Shenyang are
included in amounts provided for facilities rehabilitation
under this account.
The budget request included planned expenditures of
$67,000,000 from proceeds of sale of surplus property for
opportunity purchases and capital projects. The conference
agreement anticipates that the amount of funds available for
such purchases will be much greater, and directs the
Department to submit a spending plan for these funds that
includes: at least $19,000,000 for opportunity purchases to
replace uneconomical leases; at least $25,000,000 for capital
security projects; and $20,000,000 for continuing costs of
the Taiwan project. Any additional use of these funds is
subject to reprogramming.
The conference agreement includes, by reference, language
in the House report under ``Worldwide Security Upgrades'' and
``Responding to the Recommendations of the Overseas Presence
Advisory Panel'', and language in the Senate report on joint
ventures
[[Page H12476]]
and a General Accounting Office review of a property issue in
Paris. Within the amount provided under this account, the
Department is expected to support the rehabilitation projects
in Moscow and Istanbul described in the Senate report.
The Department is directed to submit, and receive approval
for, a financial plan for the funding provided under this
account, whether from direct appropriations or proceeds of
sales, prior to the obligation or expenditure of funds for
capital and rehabilitation projects. The overall spending
plan shall include project-level detail, and shall be
provided to the Appropriations Committees not later than 60
days after the date of enactment of this Act. Any deviation
from the plan after approval shall be treated as a
reprogramming in the case of an addition greater than
$500,000 or as a notification in the case of a deletion, a
project cost overrun exceeding 25 percent, or a project
schedule delay exceeding 6 months. Notification requirements
also extend to the rebaselining of a given project's cost
estimate, schedule, or scope of work.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
The conference agreement includes $5,477,000 for the
Emergencies in the Diplomatic and Consular Service account,
as provided in the House bill, instead of $11,000,000, as
provided in the Senate-reported amendment.
REPATRIATION LOANS PROGRAM ACCOUNT
The conference agreement includes a total appropriation of
$1,195,000 for the Repatriation Loans Program account as
provided in the House bill, instead of $1,200,000 as provided
in the Senate-reported amendment.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
The conference agreement includes $16,345,000 for the
Payment to the American Institute in Taiwan account, as
provided in both the House bill and the Senate-reported
amendment. The conference agreement includes, by reference,
language in both the House and Senate reports. Funding for
the relocation of the Institute is discussed under the
``Embassy Security, Construction, and Maintenance'' account.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
The conference agreement includes $131,224,000 for the
Payment to the Foreign Service Retirement and Disability Fund
account, as provided in both the House bill and the Senate-
reported amendment.
International Organizations and Conferences
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The conference agreement includes $870,833,000 for
Contributions to International Organizations to pay the costs
assessed to the United States for membership in international
organizations, instead of $880,505,000 as proposed in the
House bill, and $943,944,000 as proposed in the Senate-
reported amendment.
The conference agreement includes language requiring that
$100,000,000 may be made available to the United Nations only
pursuant to a certification that the U.N. has taken no action
during calendar year 2000 prior to the enactment of this Act
to cause the U.N. to exceed the adopted budget for the
biennium 2000-2001. Similar language was included in the
House bill. The Senate-reported amendment did not include a
provision on this matter.
The conference agreement does not include an additional
$64,800,000 for the United States share of the new North
Atlantic Treaty Organization headquarters as proposed in the
Senate-reported amendment. The House bill did not have a
similar provision. Within the amount provided under this
heading, $8,000,000 is included for the first incremental
payment for the U.S. share of the new headquarters building,
as requested.
The amount provided by the conference agreement is expected
to be sufficient to fully pay assessments to international
organizations. The conference agreement anticipates that the
Department has prepaid $32,600,000 of the fiscal year 2001
assessment for the United Nations regular budget, using
excess fiscal year 2000 funds. In addition, the Department's
recalculation of its fiscal year 2001 request for this
account has resulted in a lowering of the request by an
additional $37,908,000, resulting primarily from exchange
rate fluctuations. In recognition of the prepayment and the
recalculation of the request, the conference agreement
assumes an adjusted request level of $875,552,000. The
conference agreement does not include requested funding for
the Interparliamentary Union and the Bureau of International
Expositions, and anticipates additional savings related to
requested programs that are terminating or have not yet
begun.
Provisions in the House report relating to reports on
reforms in international organizations, and Senate report
language relating to reporting on War Crimes Tribunals are
adopted by reference. The conference agreement does not
include an additional $13,000,000, as proposed in the Senate
report, for Pan American Health Organization (PAHO) disease
prevention and control programs. The Department is encouraged
to pursue appropriate funding for such an initiative in the
future. The conference agreement adopts, by reference,
language in the House report concerning PAHO, and directs the
Department to provide PAHO with its full United States
assessment level for fiscal year 2001.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The conference agreement provides $846,000,000 for
Contributions for International Peacekeeping Activities,
instead of $500,000,000 as proposed in the Senate-reported
amendment and $498,100,000 as proposed in the House bill.
The conference agreement provides that, of the total
funding provided under this heading, not to exceed fifteen
percent shall remain available until September 30, 2002. The
Senate-reported amendment made all funding available until
expended, and the House bill had no provision on the matter.
The conferees expect that before any excess funding is
carried over into fiscal year 2002 in this account, the
Department shall transfer the maximum allowable amount to the
Contributions to International Organizations account to
prepay the fiscal year 2002 assessment for the United Nations
regular budget.
The conference agreement includes, by reference, language
in the House report requiring a Department report to the
Committees related to the costs of continuing UN activities
in Angola and Haiti from the UN regular budget, requiring a
report on peacekeeping assessment rate reform, and directing
the Department to support the work of the UN Office of
Internal Oversight Services. The conference agreement also
includes, by reference, language in the Senate report
regarding the investigation of charges against those
responsible for the planning and execution of the air war
over Serbia and Kosovo.
The establishment of several large and complex missions
over the past year has overtaken the capacity of the UN to
successfully plan and manage such activities. The Department
is directed to allocate available funds in this account on a
priority basis, and to take no action to extend or expand
missions or create new missions for which funding is not
available. The conference agreement does not include funding
for the MINURSO mission in Western Sahara. In addition to the
notification requirements under this account, the Department
is directed to submit a proposed distribution of the total
resources available under this account no later than December
31, 2000, through the normal reprogramming process.
ARREARAGE PAYMENTS
The conference agreement does not include funding for
arrearage payments in this Act. The Senate-reported amendment
provided $102,000,000 for additional arrearage payments above
the $926,000,000 authorized and appropriated in previous
years, subject to certain conditions. The House bill did not
include new funding for arrearage payments.
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
SALARIES AND EXPENSES
The conference agreement includes $7,142,000 for Salaries
and Expenses of the International Boundary and Water
Commission (IBWC) as proposed in the Senate-reported
amendment, instead of $19,470,000 as proposed in the House
bill. The conference agreement includes, by reference,
language in the House report regarding the South Bay
International Wastewater Treatment Plant.
CONSTRUCTION
The conference agreement includes $22,950,000 for the
Construction account of the IBWC instead of $26,747,000 as
proposed in the Senate-reported amendment and $6,415,000 as
proposed in the House bill. The conference agreement provides
funding for the following activities: facilities renovation--
$425,000; heavy equipment replacement--$1,000,000; land
mobile radio systems replacement--$500,000; hydrologic data
collection system rehabilitation--$500,000; Rio Grande
construction--$2,685,000; Colorado River construction--
$805,000; a feasibility study for the construction of a
diversionary structure to control sewage flows in the flood
control channel of the Tijuana River--$500,000; and
operations and maintenance--$16,535,000. The conference
agreement adopts, by reference, language in the House report
regarding the reallocation of funds subject to reprogramming.
The conferees also expect the Commission to submit to the
Committees, not later than November 15, 2001, an end-of-year
report on operations and maintenance spending. This report
shall include actual obligations, and balances carried
forward, by project.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
The conference agreement includes $6,741,000 for the U.S.
share of expenses of the International Boundary Commission;
the International Joint Commission, United States and Canada;
and the Border Environment Cooperation Commission, as
proposed in the Senate-reported amendment, instead of
$5,710,000 as proposed in the House bill. The conference
level will provide funding at the following levels for the
three commissions: International Boundary Commission--
$970,000; International Joint Commission--$3,771,000; and
Border Environment Cooperation Commission--$2,000,000.
INTERNATIONAL FISHERIES COMMISSIONS
The conference agreement includes $19,392,000 for the U.S.
share of the expenses of the International Fisheries
Commissions and related activities, as proposed in the
Senate-reported amendment, instead of $15,485,000 as proposed
in the House bill.
[[Page H12477]]
The conference agreement includes the funding distribution
requested in the President's budget and adopts, by reference,
language in the Senate report on treating Lake Champlain with
lampricide, and giving priority to States providing matching
funds.
Other
PAYMENT TO THE ASIA FOUNDATION
The conference agreement includes $9,250,000 for the
Payment to the Asia Foundation account, instead of $8,216,000
as provided in the House bill, and instead of no funding as
provided in the Senate-reported amendment. The conferees
support the work of the Asia Foundation on democracy and the
rule of law in the Asia-Pacific region. Since the
establishment of multi-party democracy in 1990, Nepal
continues to struggle with political instability, weak legal
institutions and economic stagnation. Increased funding in
this account is expected to allow the Foundation to expand
law reform activities in Nepal.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND
The conference agreement includes language as provided in
both the House bill and the Senate-reported amendment
allowing all interest and earnings accruing to the Trust Fund
in fiscal year 2001 to be used for necessary expenses of the
Eisenhower Exchange Fellowships.
ISRAELI ARAB SCHOLARSHIP PROGRAM
The conference agreement includes language as provided in
both the House bill and the Senate-reported amendment
allowing all interest and earnings accruing to the
Scholarship Fund in fiscal year 2001 to be used for necessary
expenses of the Israeli Arab Scholarship Program.
EAST-WEST CENTER
The conference agreement includes $13,500,000 for
operations of the East-West Center as proposed in the Senate-
reported amendment, instead of no funds as proposed in the
House bill. The conference agreement does not include an
additional earmark of $12,500,000 from the Department of
State, Diplomatic and Consular Programs account, as proposed
in the Senate-reported amendment.
NATIONAL ENDOWMENT FOR DEMOCRACY
The conference agreement includes $30,999,000 for the
National Endowment for Democracy as proposed in the Senate-
reported amendment, instead of $30,872,000 as proposed in the
House bill. The Endowment shall submit to the Committees, not
later than February 1, 2001, a detailed program plan for NED
activities in East Timor, Kosovo, Sierra Leone and the
Democratic Republic of the Congo.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
The conference agreement includes $398,971,000 for
International Broadcasting Operations, instead of
$419,777,000 as proposed in the House bill and $388,421,000
as proposed in the Senate-reported amendment. Rather than
funding broadcasting to Cuba under this account, as proposed
by the House, all funding for broadcasting to Cuba is
included under a separate account, as proposed in the Senate-
reported amendment, and as enacted in previous years.
The conference agreement includes language in this and
other broadcasting accounts that modifies citations of
authorization legislation as carried in previous years. These
changes are intended to simplify and streamline bill
language, and are not intended to modify the authorities for
the use of funds under any account.
The conference agreement includes, by reference, language
in the House report on the review of television-related
programs, Radio Free Asia, further consolidation and
streamlining within international broadcasting, and
reprogramming requirements. The conference agreement also
includes, by reference, language in the Senate report on the
VOA charter requirements, and on the initiation of RFE/RL
broadcasting in Avar, Chechen and Circassian.
The Broadcasting Board of Governors (BBG) is expected to
devote a proportionate and reasonable share of total VOA
programming to the charter requirements of explaining
American foreign policy and explaining American values,
institutions, and thought. Should the BBG determine that
organizational changes would facilitate the achievement of
this goal, such proposed changes shall be submitted to the
Committees through the regular reprogramming process.
The conference agreement provides inflationary adjustments
to base funding levels for all broadcasting entities. Within
the amount provided, $1,000,000 shall be for Uighur language
broadcasting by Radio Free Asia. The BBG is directed to
provide an allocation plan for all available funding under
this account to the Committees within sixty days from the
enactment of this Act.
BROADCASTING TO CUBA
The conference agreement includes $22,095,000, to remain
available until expended, for Broadcasting to Cuba under a
separate account as proposed in the Senate-reported
amendment, instead of $22,806,000 within the total for
International Broadcasting Operations as proposed in the
House bill. The conference agreement does not include
language proposed in the Senate-reported amendment, providing
that funds may be used for aircraft to house television
broadcasting equipment. The House bill did not contain a
provision on this matter.
BROADCASTING CAPITAL IMPROVEMENTS
The conference agreement includes $20,358,000 for the
Broadcasting Capital Improvements account, instead of
$18,358,000 as proposed in the House bill, and $31,075,000 as
proposed in the Senate-reported amendment. The conference
agreement does not include language proposed in the Senate-
reported amendment making a specific amount under this
account available for the costs of overseas security
upgrades.
The conference agreement includes, by reference, language
in the House report on digital development and conversion,
security upgrades, relocation of the Poro Point medium wave
transmitter, and the submission of a spending plan through
the reprogramming process. The conference agreement also
includes, by reference, language in the Senate report on the
notification of the Committees prior to the release of funds
for security upgrades.
The BBG may propose through the reprogramming process to
allocate funds under this account for rotatable antennas, or
for other infrastructure improvements at the Greenville, NC,
transmitting station, as discussed in the Senate report.
General Provisions--Department of State and Related Agency
Section 401.--The conference agreement includes section
401, as proposed in the House bill, permitting use of funds
for allowances, differentials, and transportation. The
Senate-reported amendment included a similar provision with
minor technical differences related to the citation of
authorizing provisions.
Sec. 402.--The conference agreement includes section 402,
as provided in both the House bill and the Senate-reported
amendment, dealing with transfer authority.
Sec. 403.--The conference agreement includes section 403,
proposed as section 404 in both the House bill and the
Senate-reported amendment, prohibiting the use of funds by
the Department of State or the Broadcasting Board of
Governors (BBG) to provide certain types of assistance to the
Palestinian Broadcasting Corporation (PBC). The conference
agreement does not include training that supports accurate
and responsible broadcasting among the types of assistance
prohibited. The conferees agree that neither the Department
of State, nor the BBG, shall provide any assistance to the
PBC that could support restrictions of press freedoms or the
broadcasting of inaccurate, inflammatory messages. The
conferees further expect the Department and the BBG to submit
a report to the Committees, before December 15, 2000,
detailing any programs or activities involving the PBC in
fiscal year 2000, and any plans for such programs in fiscal
year 2001.
Sec. 404.--The conference agreement includes section 404,
proposed as section 405 in the House bill, creating the
position of Deputy Secretary of State for Management and
Resources. The Senate-reported amendment did not include a
provision on this matter. The conference agreement adopts, by
reference, the guidance on this matter provided in the House
report under the ``Diplomatic and Consular Programs''
account.
Sec. 405.--The conference agreement includes section 405,
as proposed in the Senate bill, prohibiting the use of funds
made available in this Act by the United Nations for
activities authorizing the United Nations or any of its
specialized agencies or affiliated organizations to tax any
aspect of the Internet.
Sec. 406.--The conference agreement includes section 407,
not included in either the House bill or the Senate-reported
amendment, extending authorities to provide protective
services to departing and incoming Secretaries of State.
Sec. 407.--The conference agreement includes section 408,
not included in either the House bill or the Senate-reported
amendment, waiving provisions of existing legislation that
require authorizations to be in place for the State
Department and the Broadcasting Board of Governors prior to
the expenditure of any appropriated funds.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
MARITIME SECURITY PROGRAM
The conference agreement includes $98,700,000 for the
Maritime Security Program as proposed in both the House bill
and the Senate-reported amendment.
OPERATIONS AND TRAINING
The conference agreement includes $86,910,000 for the
Maritime Administration Operations and Training account
instead of $84,799,000 as proposed in the House bill and
$80,240,000 as proposed in the Senate-reported amendment.
Within this amount, $47,236,000 shall be for the operation
and maintenance of the U.S. Merchant Marine Academy,
including $13,000,000 above base funding levels for further
deferred maintenance and renovation requirements as described
in the House report. The conferees adopt, by reference,
language in the House report regarding the submission of a
spending plan for this initiative.
The conference agreement includes $7,473,000 for the State
Maritime Academies. Within the amount for State Maritime
Academies, $1,200,000 shall be for student incentive
payments, the same amount as provided in fiscal year 2000.
The conference agreement also includes, by reference,
language in the House report
[[Page H12478]]
on submission of a report on maritime education and training.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
The conference agreement provides $30,000,000 in subsidy
appropriations for the Maritime Guaranteed Loan Program
instead of $10,621,000 as proposed in the House bill and
$20,221,000 as proposed in the Senate-reported amendment. The
conference agreement adopts the Senate approach of dropping a
limitation on the loan program level of not to exceed
$1,000,000,000. The House bill included this provision, which
has also been carried in previous years. MARAD shall not make
commitments exceeding $1,000,000,000 in fiscal year 2001,
including commitments made with appropriations from previous
fiscal years, without prior notification to the Committees in
accordance with section 605 reprogramming procedures.
The conference agreement also includes an additional
$3,987,000 for administrative expenses associated with the
Maritime Guaranteed Loan Program instead of $3,795,000 as
proposed in the House bill, and $4,179,000 as proposed in the
Senate-reported amendment. The amount for administrative
expenses may be transferred to and merged with amounts under
the MARAD Operations and Training account.
MARAD has indicated to the Committees that it expects to
carry over approximately $10,000,000 in this account which
may be used as additional subsidy budget authority in fiscal
year 2001.
ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION
The conference agreement includes provisions, as proposed
in both the House bill and the Senate-reported amendment,
involving Government property controlled by MARAD, the
accounting for certain funds received by MARAD, and a
prohibition on obligations from the MARAD construction fund.
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
The conference agreement provides $490,000 for the
Commission for the Preservation of America's Heritage Abroad,
as proposed in the Senate-reported amendment, instead of
$390,000 as proposed in the House bill.
Commission on Civil Rights
SALARIES AND EXPENSES
The conference agreement includes $8,900,000 for the
salaries and expenses of the Commission on Civil Rights as
proposed in the Senate-reported amendment, instead of
$8,866,000 as proposed in the House bill.
The conference agreement includes language allowing the
Chairperson to be reimbursed for 125 billable days, as
proposed in the House bill, and as carried in previous years.
The Senate-reported amendment included language limiting all
commissioners to not more than 75 billable days.
Commission on Ocean Policy
SALARIES AND EXPENSES
The conference agreement includes $1,000,000 for the
Commission on Ocean Policy as proposed in the Senate-reported
amendment, instead of no funding as proposed in the House
bill.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
The conference agreement includes $1,370,000 for the
Commission on Security and Cooperation in Europe as proposed
in the Senate-reported amendment, instead of $1,182,000 as
proposed in the House bill.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
The conference agreement includes $500,000 for the
Congressional-Executive Commission on the People's Republic
of China. Neither the House bill nor the Senate-reported
amendment included funding for this new Commission.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The conference agreement includes $303,864,000 for the
salaries and expenses of the Equal Employment Opportunity
Commission, instead of $290,928,000 as proposed in the House
bill, and $294,800,000 as proposed in the Senate-reported
amendment.
Within the total amount, the conference agreement includes
$30,000,000 for payments to State and local Fair Employment
Practices Agencies (FEPAs) for specific services to the
Commission, instead of $29,000,000 as proposed in the House
bill, and $31,000,000 as proposed in the Senate-reported
amendment. The conference agreement includes, by reference,
language in the House report regarding submission of a
spending plan, reducing the backlog of private sector
charges, and utilizing the experience the FEPAs have in
mediation as the Commission implements its alternative
dispute resolution programs.
Federal Communications Commission
SALARIES AND EXPENSES
The conference agreement includes a total of $230,000,000
for the salaries and expenses of the Federal Communications
Commission (FCC), instead of $207,909,000 as provided in the
House bill, and $237,188,000 as proposed in the Senate-
reported amendment. Of the amounts provided, $200,146,000 is
to be derived from offsetting fee collections, as provided in
both the House bill and the Senate-reported amendment,
resulting in a net direct appropriation of $29,854,000,
instead of $7,763,000 included in the House bill, and
$37,042,000 included in the Senate-reported amendment.
Receipts in excess of $200,146,000 shall remain available
until expended but shall not be available for obligation
until October 1, 2001.
The conference agreement directs the Commission to submit,
no later than December 15, 2000, a financial plan proposing a
distribution of all the funds in this account, subject to the
reprogramming requirements under section 605 of this Act.
From within the funds provided, the FCC is urged to support
public safety, emergency preparedness and telecommunications
functions of the 2002 Olympic Winter Games.
The Senate report included language on public broadcasting
stations' access to spectrum. The House included no similar
language. The FCC is examining this issue, which is also
pending in the Court of Appeals. The conference agreement
reflects the belief that this issue can be resolved through
the administrative or judicial process, so no legislative
action is required at this time. The Chairman of the FCC
should report to the House and Senate Committees on
Appropriations on any action the Commission takes on this
issue by April 1, 2001.
The FCC shall take all actions necessary to complete the
processing of applications for licenses or other
authorizations for facilities that would provide services
covered by the Satellite Home Viewers Improvement Act (Public
Law 106-113, 113 Stat. 1501), specifically to deliver multi-
channel video services including all local broadcast
television station signals and broadband services in unserved
and underserved local television markets by November 29,
2000, as required by Public Law 106-113, 113 Stat. 1501.
The Senate report language with respect to a broadcast
industry code of conduct for the content of programming is
incorporated by reference.
Federal Maritime Commission
SALARIES AND EXPENSES
The conference agreement includes $15,500,000 for the
salaries and expenses of the Federal Maritime Commission,
instead of $14,097,000 as proposed in the House bill and
$16,222,000 as proposed in the Senate-reported amendment.
Federal Trade Commission
SALARIES AND EXPENSES
The conference agreement includes a total operating level
of $147,154,000 for the Federal Trade Commission, instead of
$134,807,000 as proposed in the House bill and $159,500,000
as proposed in the Senate-reported amendment. The conference
agreement assumes that, of the amount provided, $145,254,000
will be derived from fees collected in fiscal year 2001 and
$1,900,000 will be derived from estimated unobligated fee
collections available from fiscal year 2000. These actions
result in a final appropriation of $0. Any use of remaining
unobligated fee collections from prior years are subject to
the reprogramming requirements outlined in section 605 of
this Act.
The conference agreement adopts by reference the Senate
report language on slotting allowances, identity theft and
Internet fraud.
Appropriations for both the Antitrust Division of the
Department of Justice and the Federal Trade Commission are
financed with Hart-Scott-Rodino Act pre-merger filing fees.
Section 630 of this Act modifies the Hart-Scott-Rodino Act to
establish a three-tiered fee structure that increases the
filing threshold for a merger transaction from $15,000,000 to
$50,000,000. Both the House bill and the Senate-reported
amendment included in the Federal Trade Commission's
appropriation language similar language to create a three
tiered fee structure and raise the filing threshold to
$35,000,000. It is anticipated that the increase in the
filing threshold will reduce the number of mergers requiring
review by approximately 50 percent. This should allow the
Commission to focus more resources on the review of complex
mergers and non-merger activities such as consumer
protection.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The conference agreement includes $330,000,000 for the
payment to the Legal Services Corporation, instead of
$300,000,000 as proposed in the Senate-reported amendment,
and $275,000,000 as proposed in the House bill. The
conference agreement provides $310,000,000 for grants to
basic field programs and independent audits, $10,800,000 for
management and administration, $2,200,000 for the Office of
Inspector General, and $7,000,000 for client self-help and
information technology. The conference agreement also
includes $31,625,000 for civil legal assistance under the
Violence Against Woman Act programs funded under Title I of
this Act. In addition, according to LSC-released statistics,
grantees received over $605,000,000 of funding during 1999.
Within the amounts provided for management and
administration, the Corporation is expected to hire at least
seven investigators for the Compliance and Enforcement
Division to investigate field grantees' compliance with the
regulations grantees agreed to abide by when accepting
Federal funding.
The conference agreement adopts by reference the House
report language on class
[[Page H12479]]
action suits and the Senate report language on travel.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
The conference agreement includes language to continue the
terms and conditions included under this section in the
fiscal year 2000 Act, as proposed in both the House bill and
the Senate-reported amendment.
Marine Mammal Commission
SALARIES AND EXPENSES
The conference agreement includes $1,700,000 for the
salaries and expenses of the Marine Mammal Commission, as
proposed in both the House bill and the Senate-reported
amendment.
Securities and Exchange Commission
SALARIES AND EXPENSES
The conference agreement includes $422,800,000 for the
Securities and Exchange Commission (SEC), instead of
$392,624,000 as proposed in the House bill and $489,652,000
as proposed in the Senate-reported amendment. The conference
agreement includes bill language appropriating separate
amounts from offsetting fee collections from fiscal years
1999 and 2001, as proposed in both the House bill and the
Senate-reported amendment. The conference agreement
appropriates $295,000,000 from fees collected in fiscal year
1999, and $127,800,000 from fees to be collected in fiscal
year 2001.
The conference agreement provides for the Commission's
adjustments to base and requested program increases for
additional staff, information systems, and a special pay
rate. Within the increased funding provided for information
systems, the Commission shall identify $2,000,000 for
additional information systems support to help investigate
and prosecute Internet fraud cases, as described in the
Senate report. The conference agreement does not include
language in Title VI of this Act, nor additional funding
above the request under this heading, as proposed in the
Senate-reported amendment, for the exemption of the SEC from
Federal pay regulations.
Any offsetting fee collections in fiscal year 2001 in
excess of $127,800,000 will remain available for the
Securities and Exchange Commission in future years through
the regular appropriations process.
The conference agreement includes, by reference, language
in the Senate report on the Office of Economic Analysis, the
implementation of a new fee collection system,
recommendations for increased civil penalties, and the need
to educate investors regarding Internet securities fraud.
Small Business Administration
SALARIES AND EXPENSES
The conference agreement provides an appropriation of
$331,635,000 for the Small Business Administration (SBA)
Salaries and Expenses account, instead of $304,094,000 as
proposed in the House bill and $143,475,000 as proposed in
the Senate-reported amendment. The conference agreement does
not split funding for non-credit business assistance programs
into a separate account, as proposed in the budget request
and the Senate-reported amendment, but rather includes
funding for such programs under this account.
In addition, the conference agreement includes $37,000,000
for programs related to the New Markets Venture Capital
Program subject to the authorization of that program,
including $7,000,000 for BusinessLINC and $30,000,000 for
technical assistance.
The conference agreement includes language, as proposed in
the Senate-reported amendment, allowing SBA to use five
percent, or not to exceed $3,000,000, of increased
collections of delinquent non-tax debt to reimburse for
qualified expenses of such collections. The House bill did
not contain language on this matter.
In addition to amounts made available under this heading,
the conference agreement includes $129,000,000 for
administrative expenses under the Business Loans Program
account. This amount is transferred to and merged with
amounts available under Salaries and Expenses. The conference
agreement also includes an additional $108,354,000 for
administrative expenses under the Disaster Loans Program
account, which may under certain conditions be transferred to
and merged with amounts available under Salaries and
Expenses. These conditions are described under the Disaster
Loans Program account.
The conference agreement provides a total of $166,541,000
for SBA's regular operating expenses under this account. This
amount includes $2,000,000 for expenses of the HUBZone
program, and $8,000,000 for systems modernization initiatives
to continue the improvement of SBA's management and oversight
of its loan portfolio. This amount also includes $2,000,000
to assist the SBA in transforming its workforce to meet
changes in the way its programs are carried out. The SBA
shall submit a plan, prior to the expenditure of resources
provided for systems modernization and workforce
transformation, in accordance with section 605 of this Act.
The conference agreement includes the following amounts for
non-credit programs:
Small Business Development Centers..........................$88,000,000
7(j) Technical Assistance.....................................3,600,000
Microloan Technical Assistance...............................20,000,000
SCORE.........................................................3,750,000
Business Information Centers....................................500,000
Women's Business Centers.....................................12,000,000
Survey of Women-Owned Businesses................................694,000
National Women's Business Council...............................750,000
One Stop Capital Shops........................................3,100,000
US Export Assistance Centers..................................3,100,000
Advocacy Research.............................................1,100,000
National Veterans Business Development Corp...................4,000,000
SBIR Rural Outreach Program...................................5,000,000
ProNet..........................................................500,000
Drug-free Workplace Grants....................................3,500,000
PRIME........................................................15,000,000
New Markets Technical Assistance.............................30,000,000
BusinessLINC..................................................7,000,000
Regulatory Fairness Boards......................................500,000
________________
Total...................................................202,094,000
Small Business Development Centers (SBDCs).--Of the amounts
provided for SBDCs, the conference agreement includes
$2,000,000 to continue the SBDC Defense transition program,
and $1,000,000 to continue the Environmental Compliance
Project, as directed in the House report. In addition, the
conference agreement includes language, similar to that
proposed in the Senate-reported amendment under ``Non-Credit
Business Assistance Programs'' making funds for the SBDC
program available for two years.
National Veterans Business Development Corporation.--The
conference agreement includes language, as proposed in the
House bill, designating $4,000,000 for the National Veterans
Business Development Corporation. The Senate-reported
amendment did not include a provision on this matter, but
Senate report language designated $4,000,000 for the same
purpose.
Microloan Technical Assistance.--The conference agreement
includes $20,000,000 for the Microloan Technical Assistance
program. Should savings occur during fiscal year 2001 in this
account, the SBA may propose to allocate an additional amount
for the Microloan Technical Assistance program through the
regular reprogramming process. The SBA was unable to obligate
approximately $3,500,000 allocated to this program in fiscal
year 2000, which was transferred to the Business Loans
Program account.
The conference agreement adopts language included in the
House report directing the SBA to fully fund LowDoc
Processing Centers, and to continue activities assisting
small businesses to adapt to a paperless procurement
environment.
NON-CREDIT BUSINESS ASSISTANCE PROGRAMS
The conference agreement adopts the approach in the House
bill of not including funding under a separate heading for
the non-credit business assistance programs of the SBA.
Instead, funding for these programs is included under
``Salaries and Expenses'', as in previous years. The Senate-
reported amendment included $153,690,000 for such programs
under this separate account.
OFFICE OF INSPECTOR GENERAL
The conference agreement provides $11,953,000 for the SBA
Office of Inspector General, instead of $10,905,000 as
proposed in the House bill and $13,000,000 as proposed in the
Senate-reported amendment.
An additional $500,000 has been provided under the
administrative expenses of the Disaster Loans Program account
to be made available to the Office of Inspector General for
work associated with oversight of the Disaster Loans Program.
The conference agreement does not include direction provided
in the Senate report.
BUSINESS LOANS PROGRAM ACCOUNT
The conference agreement includes $294,410,000 under the
SBA Business Loans Program Account, instead of $269,300,000
as proposed in the House bill, and $296,200,000 as proposed
in the Senate-reported amendment. The conference agreement
includes language, as proposed in the House bill, making
$45,000,000 of the amount included for guaranteed loans
available for two fiscal years. The Senate-reported amendment
did not contain a similar provision. Within the amount
provided, $22,000,000 shall be available only for the New
Markets Venture Capital Program, subject to the enactment of
authorizing legislation in fiscal year 2001.
The conference agreement includes $2,250,000 for the costs
of direct loans, instead of $2,500,000 as proposed in the
House bill and $2,600,000 as proposed in the Senate-reported
amendment. The conferees understand that $300,000 in
carryover is available for the Microloan Direct Loan Program,
and, together with the appropriated amount, will support an
estimated fiscal year 2001 program level of over $28,400,000.
Not including the funding provided for the New Markets
Venture Capital Program, the conference agreement includes
$141,160,000 for the costs of guaranteed loans, including the
following programs:
7(a) General Business Loans.--The conference agreement
provides $114,960,000 in subsidy appropriations for the 7(a)
general business guaranteed loan program, instead of
$114,500,000 as proposed in the House bill and $134,000,000
as proposed in the Senate-reported amendment. When combined
with an estimated $14,000,000 in available carryover balances
and recoveries, this amount will subsidize an estimated
fiscal year 2001 program level of up to $10,400,000,000,
assuming a
[[Page H12480]]
subsidy rate of 1.24%. In addition, the conference agreement
includes a provision, as proposed in both the House bill and
the Senate-reported amendment, requiring the SBA to notify
the Committees in accordance with section 605 of this Act
prior to providing a total program level greater than
$10,000,000,000.
Small Business Investment Companies (SBIC).--The conference
agreement provides $26,200,000 for the SBIC participating
securities program as proposed in the Senate-reported
amendment, instead of $23,300,000 as proposed in the House
bill. This amount will result in an estimated total program
level of $2,000,000,000 in fiscal year 2001. No appropriation
is required for the SBIC debentures program, as the program
will operate with a zero subsidy rate in fiscal year 2001.
The conference agreement includes required language, as
proposed in the House bill, limiting the 504 CDC and the SBIC
debentures program levels, instead of similar language in the
Senate-reported amendment.
In addition, the conference agreement includes $129,000,000
for administrative expenses to carry out the direct and
guaranteed loan programs as proposed in the House bill,
instead of $130,800,000 as proposed in the Senate-reported
amendment, and makes such funds available to be transferred
to and merged with appropriations for Salaries and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
The conference agreement includes a total of $184,494,000
for this account, of which $76,140,000 is for the subsidy
costs for disaster loans and $108,354,000 is for
administrative expenses associated with the disaster loans
program. The House bill proposed $140,400,000 for loans and
$136,000,000 for administrative expenses. The Senate-reported
amendment provided $142,100,000 for loans and $139,000,000
for administrative expenses.
For disaster loans, the conference agreement assumes that
the $76,140,000 subsidy appropriation, when combined with
$71,000,000 in carryover balances and $10,000,000 in
recoveries, will provide a total disaster loan program level
of $900,000,000.
The conference agreement includes language, as proposed in
the House bill, designating amounts for direct and indirect
administrative expenses, and allowing appropriations for
indirect administrative costs to be transferred to and merged
with appropriations for Salaries and Expenses under certain
conditions. The conference agreement includes $98,000,000 for
direct administrative expenses instead of $125,646,000 as
proposed in the House bill, and $9,854,000 for indirect
administrative expenses as proposed in the House bill. The
amount provided for direct administrative expenses, when
combined with an estimated $26,000,000 in carryover balances,
will provide the requested level for this activity. The
conference agreement includes a provision that any amount in
excess of $9,854,000 to be transferred to Salaries and
Expenses from the Disaster Loans Program account for indirect
administrative expenses shall be treated as a reprogramming
of funds under section 605 of this Act, as proposed in the
House bill. In addition, any such reprogramming shall be
accompanied by a report from the Administrator on the
anticipated effect of the proposed transfer on the ability of
the SBA to cover the full annual requirements for direct
administrative costs of disaster loan-making and -servicing.
Of the amounts provided for administrative expenses under
this heading, $500,000 is to be transferred to and merged
with the Office of Inspector General account for oversight
and audit activities related to the Disaster Loans program.
ADMINISTRATIVE PROVISION--SMALL BUSINESS ADMINISTRATION
The conference agreement includes a provision providing SBA
with the authority to transfer funds between appropriations
accounts as proposed in the House bill, instead of a similar
provision in the Senate-reported amendment.
State Justice Institute
SALARIES AND EXPENSES
The conference agreement provides $6,850,000 for the State
Justice Institute as proposed in the Senate-reported
amendment, instead of $4,500,000 as proposed in the House
bill. The conference agreement does not include the transfer
of an additional $8,000,000 to this account from the Courts
of Appeals, District Courts, and Other Judicial Services
account in Title III as proposed in the Senate-reported
amendment.
TITLE VI--GENERAL PROVISIONS
The conference agreement includes the following general
provisions:
Sec. 601.--The conference agreement includes section 601,
identical in both the House bill and the Senate-reported
amendment, regarding the use of appropriations for publicity
or propaganda purposes.
Sec. 602.--The conference agreement includes section 602,
identical in both the House bill and the Senate-reported
amendment, regarding the availability of appropriations for
obligation beyond the current fiscal year.
Sec. 603.--The conference agreement includes section 603,
identical in both the House bill and the Senate-reported
amendment, regarding the use of funds for consulting
services.
Sec. 604.--The conference agreement includes section 604,
as proposed in the House bill, providing that should any
provision of the Act be held to be invalid, the remainder of
the Act would not be affected. The Senate-reported amendment
did not include this provision, which has been carried in
previous years.
Sec. 605.--The conference agreement includes section 605,
as included in the Senate-reported amendment, establishing
the policy by which funding available to the agencies funded
under this Act may be reprogrammed for other purposes,
instead of the version in the House bill which contained
minor differences.
Sec. 606.--The conference agreement includes section 606,
identical in both the House bill and the Senate-reported
amendment, regarding the construction, repair or modification
of National Oceanic and Atmospheric Administration vessels in
overseas shipyards.
Sec. 607.--The conference agreement includes section 607,
as proposed in the House bill, regarding the purchase of
American-made products. The Senate-reported amendment did not
include this provision, which has been carried in previous
years.
Sec. 608.--The conference agreement includes section 608,
identical in both the House bill and the Senate-reported
amendment, which prohibits funds in the bill from being used
to implement, administer, or enforce any guidelines of the
Equal Employment Opportunity Commission similar to proposed
guidelines covering harassment based on religion published by
the EEOC in October, 1993.
Sec. 609.--The conference agreement includes section 609,
as proposed in the House bill, prohibiting the use of funds
for any United Nations peacekeeping mission that involves
U.S. Armed Forces under the command or operational control of
a foreign national, unless the President certifies that the
involvement is in the national security interest. The Senate-
reported amendment did not contain a provision on this
matter.
Sec. 610.--The conference agreement includes section 610,
identical to the House bill and section 609 in the Senate-
reported amendment, that prohibits use of funds to expand the
U.S. diplomatic presence in Vietnam beyond the level in
effect on July 11, 1995, unless the President makes a
certification that several conditions have been met regarding
Vietnam's cooperation with the United States on POW/MIA
issues.
Sec. 611.--The conference agreement includes section 611,
as proposed in the House bill, which prohibits the use of
funds to provide certain amenities for Federal prisoners. The
Senate-reported amendment included a similar provision as
section 612, but proposed to make the prohibition permanent.
Sec. 612.--The conference agreement includes section 612,
as proposed in the House bill, restricting the use of funds
provided under the National Oceanic and Atmospheric
Administration for fleet modernization activities. The
Senate-reported amendment did not contain a provision on this
matter.
Sec. 613.--The conference agreement includes section 613,
identical in both the House bill and the Senate-reported
amendment, which requires agencies and departments funded in
this Act to absorb any necessary costs related to downsizing
or consolidations within the amounts provided to the agency
or department.
Sec. 614.--The conference agreement includes section 614,
as proposed in the Senate-reported amendment, which
permanently prohibits funds made available to the Federal
Bureau of Prisons from being used to make available any
commercially published information or material that is
sexually explicit or features nudity to a prisoner. The House
bill included a similar provision as section 614, but did not
propose to make the prohibition permanent.
Sec. 615.--The conference agreement includes section 615,
as proposed in the House bill, which limits funding under the
Local Law Enforcement Block Grant to 90 percent to an entity
that does not provide public safety officers injured in the
line of duty, and as a result separated or retired from their
jobs, with health insurance benefits equal to the insurance
they received while on duty. The Senate-reported amendment
did not include a similar provision.
Sec. 616.--The conference agreement includes section 616,
as proposed in the House bill, which prohibits funds provided
in this Act from being used to promote the sale or export of
tobacco or tobacco products, or to seek the reduction or
removal of foreign restrictions on the marketing of tobacco
products, provided such restrictions are applied equally to
all tobacco or tobacco products of the same type. This
provision is not intended to impact routine international
trade services provided to all U.S. citizens, including the
processing of applications to establish foreign trade zones.
The Senate-reported amendment did not contain a provision on
this matter.
Sec. 617.--The conference agreement includes section 617,
modified from language proposed as section 615 in the Senate-
reported amendment, which extends the prohibition in last
year's bill on use of funds to issue a visa to any alien
involved in extrajudicial and political killings in Haiti.
The provision also adds eight individuals to the list of
victims, and extends the exemption and reporting requirements
from last year's provision. The House bill did not contain a
provision on this matter.
Sec. 618.--The conference agreement includes section 618,
identical, but proposed as section 617 in the House bill and
section 616 in the Senate-reported amendment, which
[[Page H12481]]
prohibits a user fee from being charged for background checks
conducted pursuant to the Brady Handgun Control Act of 1993,
and prohibits implementation of a background check system
which does not require or result in destruction of certain
information.
Sec. 619.--The conference agreement includes section 619,
modified from language proposed as section 618 in the House
bill and section 619 in the Senate-reported amendment, which
delays obligation of any receipts deposited or available in
the Crime Victims Fund in excess of $537,500,000 until the
following fiscal year. The conferees have taken this action
to protect against wide fluctuations in receipts into the
Fund, and to ensure that a stable level of funding will
remain available for these programs in future years.
Sec. 620.--The conference agreement includes section 620,
proposed as section 619 in the House bill, which prohibits
the use of Department of Justice funds for programs which
discriminate against, denigrate, or otherwise undermine the
religious beliefs of students participating in such programs.
The Senate-reported amendment did not contain a provision on
this matter.
Sec. 621.--The conference agreement includes section 621,
identical in both the House bill and the Senate-reported
amendment, but proposed as section 620 in the House bill,
which prohibits the use of funds to process visas for
citizens of countries that the Attorney General has
determined deny or delay accepting the return of deported
citizens.
Sec. 622.--The conference agreement includes section 622,
proposed as section 621 in the House bill, which prohibits
the use of Department of Justice funds to transport a maximum
or high security prisoner to any facility other than to a
facility certified by the Bureau of Prisons as appropriately
secure to house such a prisoner. The Senate-reported
amendment did not contain a similar provision.
Sec. 623.--The conference agreement includes section 623,
modified from language proposed as section 622 in the House
bill, regarding the Kyoto Protocol on Climate Change. The
Senate-reported amendment did not include a provision on this
matter. The conference agreement does not adopt the report
language contained in the House report.
Sec. 624.--The conference agreement includes section 624,
modified from language proposed as section 623 in the House
bill, which prohibits funds from being used for the
participation of United States delegates to the Standing
Consultative Commission unless the President submits a
certification that the U.S. Government is not implementing a
1997 memorandum of understanding regarding the 1972 Anti-
Ballistic Missile Treaty between the U.S. and the U.S.S.R.,
or the Senate ratifies the memorandum of understanding. The
Senate-reported amendment did not include a provision on this
matter.
Sec. 625.--The conference agreement includes section 625,
proposed as section 624 in the House bill, which prohibits
the use of funds for the State Department to approve the
purchase of property in Arlington, Virginia, by the Xinhua
News Agency. The Senate-reported amendment did not include a
provision on this matter.
Sec. 626.--The conference agreement includes section 626,
proposed in the Senate-reported amendment as section 623,
amending existing law related to certain medical costs to
apply to suspects in the custody of the Federal Bureau of
Investigation. The House bill did not include a provision on
this matter.
Sec. 627.--The conference agreement includes section 627,
proposed in the Senate-reported amendment as section 624,
amending a fiscal year 1999 supplemental appropriations
provision to permanently extend the time period in which
certain takings of Cook Inlet Beluga Whales would be
considered violations of the Marine Mammal Protection Act.
The House bill did not include a provision on this matter.
Sec. 628.--The conference agreement includes section 628,
modified from language proposed in the Senate-reported
amendment as section 625, amending Public Law 106-113 to
extend the authorization for Pacific Salmon Treaty and
Recovery efforts. The House bill did not include a provision
on these matters.
Sec. 629.--The conference agreement includes a new section
629, to clarify the Interstate Horseracing Act regarding
certain pari-mutuel wagers.
Sec. 630.--The conference agreement includes a new section
630, which modifies existing law to include a three-tiered
Hart-Scott-Rodino fee structure that increases the filing
threshold for a merger transaction from $15,000,000 to
$50,000,000. Similar language was included under the
``Federal Trade Commission, Salaries and Expenses'' heading
in Title V of both the House bill and the Senate-reported
amendment.
Sec. 631.--The conference agreement includes a new section
631, authorizing the stabilization and renovation of a
certain lock and dam.
Sec. 632.--The conference agreement includes a new section
632, requiring the Federal Communications Commission to take
certain actions regarding Low-Power FM regulations.
Sec. 633.--The conference agreement includes a new section
633, providing additional amounts for the Small Business
Administration, Salaries and Expenses account for a number of
small business initiatives.
Sec. 634.--The conference agreement includes a new section
634, prohibiting the use of funds in this, or any previous
Act, or hereinafter made available to the Department of
Commerce, to allow fishing vessels to use aircraft to assist
in the fishing of Atlantic bluefin tuna.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
DRUG DIVERSION CONTROL FEE ACCOUNT
(RESCISSION)
The conference agreement includes a rescission of
$8,000,000 from the amounts otherwise available for
obligation in fiscal year 2001 for the ``Drug Diversion
Control Fee Account'', as proposed in the Senate-reported
amendment. The House bill did not include a rescission from
this account.
RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(RESCISSION)
The conference agreement includes a rescission of
$7,644,000 from unobligated balances under this heading, as
proposed in the House bill. The Senate-reported amendment did
not include a rescission from this account.
The conference agreement does not include a title providing
contingent emergency funds for a ``Southwest Border
Initiative'' for certain Department of Justice and Federal
Judiciary accounts, as proposed in the Senate-reported
amendment.
These needs are instead addressed in the regular accounts
for such programs in Title I and Title III of this Act.
TITLE VIII--DEBT REDUCTION
DEPARTMENT OF TREASURY
Bureau of the Public Debt
Gifts to the United States for Reduction of the Public Debt
The conference agreement includes a new title depositing an
additional amount in fiscal year 2001 into the account
established under 31 U.S.C. section 3113(d), to reduce the
public debt.
TITLE IX--WILDLIFE, OCEAN AND COASTAL CONSERVATION
Secs. 901-902.--The conference agreement includes
$50,000,000 for formula grants to the States for wildlife
conservation and restoration programs. Funding is provided
through the U.S. Fish and Wildlife Service in the Department
of Interior. This amount is in addition to funds provided for
new, competitively awarded and cost-shared wildlife programs
in the FY 2001 Interior Appropriations Act. This action
recognizes wildlife conservation as a critical component of a
nationwide strategy and supports state efforts in wildlife
conservation and restoration. The conference agreement
includes authorization language for this program.
Funding has been provided for the development, revision,
and implementation of wildlife conservation and restoration
programs and plans to address the unmet needs for a diverse
array of wildlife and associated habitats. Funds provided to
states or territories may be used for planning and
implementation of wildlife conservation programs and
conservation strategies, including wildlife conservation,
wildlife conservation education, and wildlife-associated
recreation projects, for new programs and projects as well as
to enhance existing programs and projects.
Each state's apportionment is determined by formula which
considers the total area of the state (1/3 of the formula)
and the population (2/3 of the formula). No state will
receive an amount that is less than one percent of the amount
available or more than five percent for any fiscal year.
Puerto Rico and the District of Columbia each receive a sum
equal to not more than one-half of one percent and Guam, the
Virgin Islands, American Samoa, and the Northern Mariana
Islands each receive a sum equal to not more than one-fourth
of one percent. The conference agreement requires States and
other jurisdiction to have or agree to develop a wildlife
conservation strategy and plan as a condition for receiving a
federal grant under this program.
Sec. 903.--The conference agreement includes language
authorizing a coastal impact assistance program for fiscal
year 2001.
TITLE X
The conference agreement includes a new title X to
authorize loan guarantees in order to facilitate access to
local television broadcast signals in unserved and
underserved areas, and for other purposes.
TITLE XI
The conference agreement includes a new title XI, the Legal
Immigration Family Equity Act.
CONFERENCE TOTAL--WITH COMPARISONS
The total new budget (obligational) authority for the
fiscal year 2001 recommended by the Committee of Conference,
with comparisons to the fiscal year 2000 amount, the 2001
budget estimates, and the House and Senate bills for 2001
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2000.......$39,600,967
[[Page H12482]]
Budget estimates of new (obligational) authority, fiscal year50,932,968
House bill, fiscal year 2001.................................37,394,617
Senate bill, fiscal year 2001................................36,689,955
Conference agreement, fiscal year 2001.......................39,868,390
Conference agreement compared with:
New budget (obligational) authority, fiscal year 2000........+267,423
Budget estimates of new (obligational) authority, fiscal y-11,064,578
House bill, fiscal year 2001...............................+2,473,773
Senate bill, fiscal year 2001..............................+3,178,435
Mr. OBEY. Mr. Speaker, I know that Members are anxious to leave, but
we have one Member of this institution who is leaving for good. I feel
that we are all going to miss him. I think he has a right to say to the
House whatever is in his heart in this his last day of service in this
institution.
I yield 10 minutes to the distinguished gentleman from Minnesota (Mr.
Minge), who has served his district and his country very well in the
years that he has been in this institution.
Mr. MINGE. Mr. Speaker, I thank my colleague from Wisconsin for
yielding me this time.
Almost 8 years ago, I first addressed this body. Today I speak on the
floor for what may be the last time. As has everyone in this House, I
have been elected by folks at home to represent them in this, the
people's Chamber. It is an honor. It is a privilege. I participated in
the 103rd Congress when the Democrats controlled both Chambers and the
White House. I served in the 104th, the 105th, and the 106th Congresses
with Republican majorities and a Democrat in the White House. I have
seen bitter party differences and shared the frustration of stalemate
and even shutdown. However, I have also felt the occasional sense of
cooperation and accomplishment. I do not wish to review the score card
of this game of power over the last 8 years. Rather, I wish to speak to
the challenges that Congress and America face in the years to come.
{time} 1730
First, for the health and perhaps for the survival of our system of
government, we must rehabilitate the way we finance political
campaigns. I recognize we will never achieve perfection in campaign
finance reform. Money always will undoubtedly be the most seamy side of
politics. However, right now we face a veritable political hell. The
insidious effect of raising money on policy and even process is tearing
at the integrity of our system. By most accounts, over $3 billion has
been spent on the year 2000 elections. And what has all this money
brought us? It has spawned national cynicism, public despair and
increasing apathy among voters. We must have a fix for this process.
Unless good government groups like the League of Women Voters, Common
Cause, Public Citizen and others have confidence that we are sincerely
doing the best we can to enact reforms, our institutions will suffer.
In 1993, as a new Member of Congress, I was asked by an interviewer
from a religious radio station what I thought was the most important
problem facing our country. Despite our preoccupation with health care,
the deficit, family values, and other matters, I said campaign finance
reform. It goes to the heart of the democratic process.
Second, our national and global economies are becoming increasingly
concentrated. Fewer and fewer businesses dominate more and more sectors
of the economy. This threatens our ability to maintain a free market
system, the cornerstone of our economy. Antitrust laws and their
enforcement are controversial. However, if we do not maintain a
commitment to the principle of competition, the dynamics of a vibrant
marketplace will be eroded.
All of us have heard promises of savings but also read about the loss
of jobs and endless disappointments with mergers. Congress holds one of
the keys to enforcement of the principles of competition. Antitrust,
fair trade, regulated industries, deregulation, route awarding
guidelines, intellectual property, government trade and government
contracts and numerous other areas are contributing components to a
competition policy. Consumers, suppliers, and small businesses,
including farmers, are at risk in the long-term if we are not more
vigilant.
Third, just as private sector concentration creates problems,
unchecked power in government is a threat to the well-being of our
society. The perceived problems of a national health care system
resulted in health insurance companies and others raising the specter
of runaway government power.
Fairness, lack of effective competition and stifling of new ideas are
problems. The unjust regional disparities in Federal health care
financing are an example of a continuing and unjust feature of the
massive Medicare program. A free society, like a free economy, is
threatened by too great a concentration of power in any entity.
Countervailing forces are needed.
Our challenge in Congress is to structure public programs so such
countervailing forces exist without destroying the effectiveness of the
programs. Built-in checks are necessary for the long-term effectiveness
and fairness of government programs.
This problem of power in government extends to elected officials and
legislative bodies. Early on, we developed a tradition, now a
constitutional rule, that Presidents cannot serve more than two
consecutive terms. Like the executive, the legislative branch can have
problems of concentration of power that must be addressed. The term
limit movement grew out of the unhappiness of many opponents to 40
years of Democrat majorities in Congress and the seniority system. The
3-year term limit on committee chairs currently in effect in the House
is an effort to break up the legislative power. This effort should not
be abandoned.
Fourth, we must better address the fundamental problem of the
difficulty of reforming public programs under current legislative
procedures. It takes enormous efforts to pass legislation with a
bicameral legislative branch, a complex committee system, Senate holds,
the filibuster, a Presidential veto, and often politically divided
leadership. Once created, programs are even more difficult to reform.
Virtual consensus is needed. The low visibility of most reforms makes
them less than exciting and makes it very difficult to attract the
national attention and the public support needed for their adoption.
Efforts to give agencies discretion to reform themselves through
rulemaking is not adequate. Nor are judicial review or 5-year
reauthorizing bills effective.
The result is that, once created, Federal programs tend to be on
automatic pilot. For programs to work effectively, Congress needs to
craft a better framework for encouraging needed structural changes. The
Federal Government's far flung activities and programs have become too
significant a part of our Nation's economy to be hobbled with this
handicap. The process for consideration of reform legislation should be
simplified or quasi-independent status like the Postal Service should
be considered for more operations.
Fifth and finally, we need to constantly recommit ourselves to
maintaining respect for one another. The bitter divides in Northern
Ireland, in the Balkans, in the Middle East, in Africa, and in the
Indian subcontinent are examples of how supposedly self-governing
societies are consumed and can be destroyed by internal animosities.
The 1990s have been a turbulent and all too often bitter time here in
Congress. We cannot allow our all too genetic predisposition for pride,
animosity, jealousy and bickering to destroy us and our institutions.
We must allow the healing process to work. Respect and trust must be
constantly nourished. Competition, self-righteousness, negative zeal,
political campaigns and partisanship constantly drags us back into
bitter disagreements, often unnecessarily.
Testosterone routinely trumps conciliation. Healthy disagreement and
a loyal opposition cannot be allowed to degenerate and destroy working
relationships. Hopefully it will not take an external enemy to unite
us. We must rise above our differences.
Every day I have walked over to this Capitol, seen the dome, and
realized that this is where our Nation's elective representatives meet,
deliberate and make decisions, I am awed. I have
[[Page H12483]]
pinched myself that I am here. I urge that we in Congress never allow
ourselves to forget that we have a stewardship responsibility for the
survival of our political institutions.
Self-governance and personal freedom are the core principles that we
as Americans often take for granted. Our 220-year-old system of broad-
based self-governance and individual rights is the longest running
democracy in the history of our civilization and perhaps the history of
mankind.
It is fragile. It is dependent on the trust of our people and our
institutions, and we as political leaders must renew the process. We
must make it work. We have a stewardship obligation to our children,
grandchildren and future generations to enrich and strengthen this
grand experiment and pass it on strong and intact.
This will be our generation's greatest success. We cannot afford to
fail.
I appreciate the opportunity to serve with my colleagues. I am
honored and humbled to have been elected by a free people. I wish
success for the work of the 107th Congress. I hope and pray this body
and our system of self-governance and our freedoms continue for
countless generations to come.
Mr. PORTER. Mr. Speaker, I inquire of the Chair how much time remains
on both sides.
The SPEAKER pro tempore (Mr. Pease). The gentleman from Illinois (Mr.
Porter) has 30 minutes remaining. The gentleman from Wisconsin (Mr.
Obey) has 21 minutes remaining.
Mr. OBEY. Mr. Speaker, I yield 2\1/2\ minutes to the distinguished
gentleman from Massachusetts (Mr. Frank).
Mr. FRANK of Massachusetts. Mr. Speaker, I appreciate the
consideration of my friend, the gentleman from Wisconsin (Mr. Obey),
and the consideration from the gentleman from Illinois (Mr. Porter).
Mr. Speaker, I want to express my appreciation to the Members of the
Committee on Appropriations who worked so hard given the unfortunate
context which was created through no fault of theirs, and there is a
great deal in this bill that I admire. Indeed it is to some extent a
pleasant surprise in some respects. But there is one aspect which
disappointments me greatly, and I feel the need to comment on it.
In 1996, again as part of an overall appropriations bill, this House
passed an immigration bill which included one of the cruelest, most
unfair provisions this Congress has legislated in my memory. It was one
which retroactively subjected people who had committed minor crimes
mandatorily to deportation. In the ensuing years, its implementation
has ruined families; it has destroyed lives; it has inflicted on
innocent children more pain than almost any other single act I can
think of in a concentrated way. People who were the age of 18 or 19 or
20 who committed a minor offense and who had turned their lives around
and had become responsible members of their community, responsible
parents, have found themselves ripped from the communities where they
have been living, ripped from their families and sent back.
We worked, those of us on the Committee on the Judiciary, in a
bipartisan way to try to deal with that.
The gentleman from Illinois (Mr. Hyde), the chairman of the Committee
on the Judiciary; the gentleman from Florida (Mr. McCollum); and I and
others worked and put together a bipartisan bill to relieve some,
albeit not all, of the damage that bill does to people and it went
through this House unanimously. It went to the other body, and we had
hoped, given the difficulty that sometimes occurs there of getting
separate legislation passed, that it would be included in this final
bill, just as the bill that was seeking to amend had been included in
this final bill.
We had agreement from the White House. We had, as I said, Republican
and Democratic support here. At the last minute, the negotiations to
include that vital humanitarian measure, supported by many Members of
both sides of the aisle, was killed by the objection of the senior
Senator from Texas. I do not think we have seen more cruelty inflicted
on well-intentioned and well-behaved people than by that act.
So while I congratulate the Committee on Appropriations for the work
they have done on the appropriations, I do have to note that a stunning
piece of cruelty is left uncorrected by this bill.
Mr. PORTER. Mr. Speaker, I yield 4 minutes to the gentleman from
Pennsylvania (Mr. Goodling), the chairman of the Committee on Education
and the Workforce.
(Mr. GOODLING asked and was given permission to revise and extend his
remarks.)
Mr. GOODLING. Mr. Speaker, how sad I would have been if on my last
day, after 26 years in this Congress, I would not have had an
opportunity to vote on this legislation. I certainly want to thank the
gentleman from Florida (Chairman Young) and the gentleman from Illinois
(Chairman Porter) and the ranking member, the gentleman from Wisconsin
(Mr. Obey), for giving me that opportunity.
As I have said many times, priorities are very important when we talk
about funding, and for many years I asked us to please think about
children with special needs and I am happy to say that in the last 5
years, after the President signs this legislation, they will have
increased spending 175 percent in the areas of IDEA. What that means to
local school districts is the fact that they can do the modernization
and the renovation; they can reduce class size; they can do all sorts
of things, if they have that kind of money.
I want to thank them also for including funding increases for Even
Start and including the Literacy That Involves Families Together Act in
the conference report.
{time} 1745
All of the reports that we have at this point show that teaching
parents literacy and parents skills so they can be their child's first
and most important teacher has improved their opportunity greatly to
succeed.
I am also happy to report that under this proposal, we have worked
out an agreement on renovation. I still believe that renovation,
building and so on, is the responsibility of the State and local
government, except when they talk about mandates that have come from
the Federal level. That is what we have done in this legislation, tried
to deal with those particular mandates.
There is also $25 million for a charter school demonstration project.
I hope the gentlewoman from New Mexico (Mrs. Wilson) is listening. That
will be very important when we talk about effective ways of leveraging
private capital for charter schools.
On class size reduction, we have worked out and added to what we were
able to do last year, which indicates that if we have 10 percent or
more of unqualified teachers in the school district, they can use 100
percent of all this money in order to better prepare the existing
teaching force they have. As I have tried to point out so many times,
it does not matter what the class size is if we cannot put a quality
teacher in that classroom.
I am also happy to point out that the conference hopes to open the
doors even more in post-secondary education for our Nation's poor
students with, again, the highest Pell grant award ever. I commend the
Committee on Appropriations for maintaining our effort to increase this
opportunity for people with low income.
Again, I want to merely thank the gentleman from Illinois (Chairman
Porter), who also is spending his last day here. I do not know if he
got up at 3 o'clock this morning and started playing solitaire on the
computer, as I did, because all of a sudden I realized at that hour,
this was my last trip around that Baltimore beltway. I am very happy
that that is true, and unhappy that I am leaving such a wonderful group
of people, but it was my choice.
Again, I thank all Members for this piece of legislation. I think it
is an outstanding accomplishment.
Mr. PORTER. Mr. Speaker, I yield 3 minutes to the gentleman from
Florida (Mr. Foley).
Mr. FOLEY. Mr. Speaker, I thank the gentleman for yielding time to
me.
Mr. Speaker, I rise today in strong support of this legislation, and
I want to thank my colleagues for their hard work on reaching this
agreement.
I want to talk today about the Medicare provisions of this package,
the portion of the bill that will help many health care providers and
beneficiaries
[[Page H12484]]
whose needs were not met by the current Medicare program.
This Congress passed the Balanced Budget Act in 1997 to save Medicare
from insolvency. Now it is time to add some funds and benefits to the
program to ensure it keeps up with the needs of those we serve. This
bill effectively does that.
We have updated hospital payments so our hospitals nationwide can
continue to provide the quality care we expect from them. We have also
added and expanded preventive benefits for beneficiaries, including
screening for glaucoma.
I introduced with my colleague, the gentleman from Georgia (Mr.
Lewis), medical nutrition therapy, and expanded coverage of pap smears
and pelvic exams.
The bill also eliminates the time limit for immunosuppressant drugs
cosponsored by the gentlewoman from Florida (Ms. Thurman) for Medicare
beneficiaries who have had an organ transplant, and waives the 24-month
waiting period for those who suffer from ALS. These are provisions that
have had our strong support this year.
The bill addresses our Nation's rural hospital crisis, and
incorporates many of the provisions of H-CARE, which I introduced this
year with bipartisan and bicameral support. So often, these small and
isolated hospitals serve a disproportionate share of Medicare
beneficiaries with special needs. Our rural communities need this
coverage, and have been supported by people like the gentleman from
Arkansas (Mr. Dickey) and others of this Congress, and the gentleman
from Oklahoma (Mr. Watkins).
Finally, the bill updates payments to the Medicare+Choice program so
beneficiaries can continue to have a low-cost alternative to
traditional Medicare. Much has been said about the funding in this bill
for the HMOs that provide this coverage, but this is something of
utmost importance to my constituents and to many seniors across the
country.
We have all heard about the planned withdrawals from the Medicare
plus Choice program. This bill takes a first step towards bringing
stability to this program and to the beneficiaries who depend on it.
I also want to thank our colleagues in the Committee on Commerce and
those on the Committee on Ways and Means who have worked valiantly to
get this bill produced. I think the seniors of our Nation will greatly
benefit from this, and I again urge my colleagues to support us in this
effort as we prepare to finish the 106th Congress on what I believe
will be a very positive note, which is additional health care for our
seniors. Hopefully, we can continue to work for health care for all
Americans.
Mr. PORTER. Mr. Speaker, I yield 1 minute to the gentleman from Texas
(Mr. Combest), chairman of the Committee on Agriculture.
Mr. COMBEST. Mr. Speaker, I thank the gentleman for yielding time to
me.
Mr. Speaker, one of the things that this bill does have in it that is
from the authorizing side is the Commodity Futures Modernization Act of
2000. This is not some insignificant piece of legislation, this is
something that has been worked on for the last 2 years, very difficult
to get through a number of committees in both the House and Senate.
I can speak at length on the bill. I will not. What I do want to say
is this would not have happened had it not been for the leadership of
our colleague, the gentleman from Illinois (Mr. Ewing), who will be
leaving the Congress of his own choice at the end of this year. This is
something that I think he will be able to take with him as one of the
major accomplishments that he made.
I cannot thank him enough, number one, for his work and effort in
seeing this come to fruition, as well as thanking him for his
friendship.
Mr. PORTER. Mr. Speaker, I am pleased to yield 4 minutes to the
gentleman from Missouri (Mr. Talent), the chairman of the Committee on
Small Business.
(Mr. TALENT asked and was given permission to revise and extend his
remarks.)
Mr. TALENT. Mr. Speaker, I thank the gentleman for yielding time to
me.
Mr. Speaker, the conference before us enacts by reference H.R. 5667,
the Small Business Reauthorization Act of 2000. That bill will
reauthorize the SBA for 3 years, and continue and improve a number of
important small business programs.
It contains the provisions of H.R. 2392, which reauthorizes and
improves the Small Business Innovation and Research Program, or the
SBIR program. I know many Members in the House will be pleased that we
are getting that done on the last day.
The bill also contains provisions of a number of pieces of
legislation which overwhelmingly passed this House and which
reauthorize and improve the 7(a) program, the 504 program, and the SBIC
program. We made a lot of progress in strengthening those programs in
the 4 years of my chairmanship, and I believe strongly in all of them.
I urge my colleagues to support them in the conference report.
Mr. Speaker, the bill also contains another measure which many
people, including the President, have called the most significant anti-
poverty legislation in the last 30 years, the American Community
Renewal Act. Provisions in the bill will offer hope and opportunity to
thousands of Americans who are living in economically underserved and
blighted communities in our Nation. It will provide them and their
communities tools, proven tools that are working in neighborhoods
around the country already to fight the neglect, remove the scourge of
drug abuse, and lift the pall of poverty that darkens the lives of so
many of our fellow Americans.
The American Community Renewal Act will provide tax incentives to
build businesses in these communities. In these communities, there will
be a zero percent capital gains tax. It will require HUD to cooperate
with neighborhood development groups so people can build homes and we
can improve home ownership, provide assistance to fight the problems of
drug abuse, allowing faith-based groups to participate in Federal drug
and alcohol programs, and it will assist people in savings, allowing
them to put up money from their earned income tax credit, with the
government matching it.
It will give these communities things many of the rest of us take for
granted: safe streets, a vital economy, and good schools, and things
like hope and dignity.
Mr. Speaker, for several years my colleagues, the gentleman from
Oklahoma (Mr. Watts), the gentleman from Illinois (Mr. Davis), and our
former colleague, Mr. Flake, and I have struggled to build this
legislation in a bipartisan fashion. I am greatly pleased that on the
final day and in the final hour of this Congress, we are succeeding. I
am glad not just for us, but for those in the communities we visited
around the country who will be helped by that legislation.
Mr. Speaker, this is my last speech and my last vote as a Member of
this body. I am privileged to be able to cast it on behalf of this
compromise measure, and in particular, on behalf of the American
Community Renewal Act and its provisions.
I urge all my friends and colleagues in the House to support the
bill.
Mr. PORTER. Mr. Speaker, I am pleased to yield 2 minutes to the
gentlewoman from New York (Mrs. Kelly).
Mrs. KELLY. Mr. Speaker, I rise in support of the conference report
and urge its passage. The report before us will enact by reference H.R.
5667, which contains the provisions of the Small Business
Reauthorization Act of 2000. This is the 3-year authorization for Small
Business Administration, and it will continue to improve an array of
important small business programs that have the overwhelming support of
this body.
H.R. 5667 contains the provisions of H.R. 2392, which reauthorizes
and improves the Small Business Innovation and Research Program. This
program authorizes millions of dollars of research funds for small
businesses on the cutting edge of technology.
It also contains the provisions of H.R. 2614, H.R. 2615, H.R. 3845,
and H.R. 3843, which reauthorize and improve the 7(a), 504, and SBIC
programs. These programs represent over $11 billion in guarantees to
ensure that small business has access to the financing necessary to
create jobs and build our economy.
Mr. Speaker, all these provisions passed the House earlier this year
by overwhelming margins, and I am certain they will retain the support
of this
[[Page H12485]]
body. I believe strongly in all these SBA provisions, and I urge my
colleagues to support them and this conference report.
I also want to simply take a moment to thank the gentleman from
Missouri (Chairman Talent) for his very hard work as chairman of the
Committee on Small Business. All of us in small business owe him a
great debt of gratitude for his tremendously good work.
Mr. PORTER. Mr. Speaker, I am very pleased to yield 3 minutes to my
colleague, the gentleman from Texas (Mr. Archer), the distinguished
chairman of the Committee on Ways and Means.
Mr. ARCHER. Mr. Speaker, I thank the gentleman for yielding time to
me.
Mr. Speaker, for the 6th year in a row this Congress is cutting taxes
for the American people. Six consecutive years of tax relief, not tax
increases; 6 years of a growing economy, a balanced budget, and a
Federal budget surplus for the first time in a generation; 6 years of
letting Americans keep just a little more of their money.
That is an amazing record of bipartisan achievement for which we can
all be proud. Without question, I would like to have done more for the
American taxpayers. However, I am pleased with the progress we have
made. We have advanced the cause of tax relief for American families
and small businesses in a bipartisan fashion, and I am hopeful that we
can see more enacted into law next year.
While this tax relief package consists mostly of a community renewal
bill that the gentleman from Illinois (Speaker Hastert), the conference
chairman, the gentleman from Oklahoma (Mr. Watts), and the chairman of
the Committee on Small Business (Mr. Talent), put together, it also
contains a very important extension of medical savings accounts, our
MSAs, a new idea in health care that I launched in the eighties and
that can be expanded in future years.
MSAs have been available now for only a limited period of time, but
they are the best patients' rights and checks on HMOs, and will greatly
strengthen the doctor-patient relationship.
Second, MSAs are the right medicine at the right time for millions of
Americans who have no insurance coverage. Almost one-third of MSA
purchasers up to now have been people who previously had no insurance.
Third, MSAs are a natural antidote to the problems of affordable
prescription drug coverage and long-term health care for the elderly.
Finally, President-elect Bush is a strong supporter of MSAs, so in
passing this bill today, we are laying a foundation for the expansion
in the future.
Mr. Speaker, this is the last time I will address my colleagues from
the floor of this House as chairman of the Committee on Ways and Means.
I am proud of my record, and proud of the things that we have
accomplished together for the American people.
Our record on tax relief is historic: as I mentioned, 6 consecutive
years of tax relief, including the largest tax cut since 1981. But we
did so much more. We balanced the budget. We liberated millions of
families from welfare dependency. We ended the social security earnings
penalty once and for all, and we did so many more important things that
time prevents me from listing all of them tonight.
These are the priorities for which I fought for 30 years. As I took
the gavel of the Committee in 1995, the experts said they could not be
done, but we did them. I am proud of these and so many other historic
legislative accomplishments.
Today some of those same experts say Congress will never be able to
save social security or eliminate the income tax.
{time} 1800
They use the same Shermanesque statements that it will never be done
that saturated the media in 1995 when we set our sights on changing the
way Washington worked.
So I, for one, do not put much stock in their predictions, because
they usually have been wrong. I have been in the arena, and I have
great optimism and faith in our public servants who have served
alongside me. My colleagues, we have changed the way Washington works.
We did it together. It was extremely difficult, but we did it.
Mr. PORTER. Mr. Speaker, I yield myself 1 minute.
Mr. Speaker, I want to mention an important piece of legislation that
the Speaker of the House was responsible for bringing into this bill.
The Community Renewal Tax Relief Act, I think is going to make a great
difference for communities like North Chicago in my district.
Mr. Speaker, people may think that my district is a wealthy district,
and on average, it is; but we have very, very poor communities. North
Chicago is a prime example. It has the lowest per capita sales tax
revenue in the county. It is one of the poorest communities in
Illinois.
It has an unemployment and poverty rate that is three times the
national average. It has commercial and industrial property with a
vacancy rate of over 50 percent. This is exactly the kind of community
that will benefit from this legislation.
Mr. Speaker, I want to commend the Speaker of the House for insisting
that we pass this legislation, enact it into law and benefit
communities like North Chicago.
Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman from Maryland
(Mrs. Morella).
Mrs. MORELLA. Mr. Speaker, I rise in strong support of this
conference report.
Mr. Speaker, I want to commend the gentleman from Florida (Mr.
Young), the chairman of the Committee on Appropriations, and the
gentleman from Wisconsin (Mr. Obey), the ranking member.
It certainly has been very interesting that we have had a number of
people who have spoken on this bill in a glowing fashion who will not
be with us in the next Congress, the gentleman from Missouri (Mr.
Talent), the gentleman from Pennsylvania (Mr. Goodling), the gentleman
from Texas (Mr. Archer); and I know there are a number of others who
will be very much missed, but I particularly want to single out the
gentleman from Illinois (Mr. Porter) because he has done so much for
medical research, as well as for education.
Since I have the National Institutes of Health in my district, I have
seen firsthand the kind of exemplary work he has done. He will be,
indeed, missed; and this bill is going to reflect his work.
I particularly wanted to point out in my 1 minute that I am pleased
that the legislation includes a waiver of Medicare's 24-month waiting
period for ALS patients. ALS is Lou Gehrig's disease. It is a crippling
disease.
It affects 25,000 to 30,000 families across America. They are struck
with a crippling and creeping paralysis that eventually leaves them not
even able to eat or breathe.
I wanted to also point out that I rise in tribute of a constituent, a
former councilwoman, Betty Ann Krahnke, who found out she had ALS, a
debilitating disease, and continued to serve until she could no longer.
She and her husband and the ALS foundation have worked indefatigably on
behalf of this legislation knowing that people do not live very often
more than 19 months. So the 24-month waiver is important.
I salute those who have put it together. I am so pleased that the
provision is in this, and I hope that we will all vote for this bill.
Mr. PORTER. Mr. Speaker, I yield 1 minute to the gentleman from
Illinois (Mr. Ewing).
Mr. EWING. Mr. Speaker, I thank the gentleman from Illinois (Mr.
Porter) for yielding the time to me.
Mr. Speaker, I rise today in support of this conference report and
also in support of H.R. 5660, which will be included in this package by
reference.
This is a bill that culminates 4 years of work by the Committee on
Commerce, the Committee on Agriculture, the Committee on Banking and
Financial Services, and by our colleagues in the Senate. And it is, in
fact, a legal modernization bill of enormous proportions which will
affect all of the financial industry in this country.
First and foremost, it is intended to keep America on the competitive
edge with our trading partners in this world economy; and it also
modernizes the system here, so that not only can we be competitive in
our financial industry, but we can be profitable.
I want to thank all that have taken part in it, the staff on the
Committee on Agriculture, Senator Gramm in the other body. Everyone has
worked tirelessly on this, and I appreciate their support. I ask my
colleagues for their consideration on this bill.
[[Page H12486]]
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (Mr. Pease). Members are reminded that
pursuant to clause 5 of rule XVII, the use of personal electronic
equipment on the floor of the House is not allowed. Members will please
disable their cellular phones.
Mr. PORTER. Mr. Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Weldon).
(Mr. WELDON of Pennsylvania asked and was given permission to revise
and extend his remarks.)
Mr. WELDON of Pennsylvania. Mr. Speaker, I rise in strong support of
this legislation.
Mr. Speaker, I rise to thank our colleagues on the Committee on
Appropriations, because we have a historic event that will take place
when we pass this bill.
We have supported the law enforcement community in America. We have
supported teachers in America; but in this bill, for the first time,
the Congress will provide $100 million of appropriated monies for the
1.2 million men and women who serve every one of our districts as paid
and volunteer firefighters.
The $80 million in grants will be matched by local funding, $10
million will go for burn research, and $10 million will go to rural
fire departments and those communities across the country that are
desperately in need of new equipment. This is historic. To help these
volunteers to continue to protect their towns is one of the most
important things that we can do as a body.
Mr. Speaker, I am so happy to stand here, to thank my colleagues. The
gentleman from Florida (Mr. Young) made a commitment to us a long time
ago. I want to thank him.
I want to thank the gentleman from Illinois (Mr. Porter). I want to
thank our distinguished staff director, Mr. Dyer, the gentleman from
Maryland (Mr. Hoyer) on the other side, all the Members who were
involved in this because of the historic nature of this funding.
Mr. PORTER. Mr. Speaker, I yield 2 minutes to the gentleman from New
York (Mr. Gilman), the chairman of the Committee on International
Relations.
Mr. GILMAN. Mr. Speaker, I thank the gentleman from Illinois (Mr.
Porter) for yielding the time to me.
Mr. Speaker, I just want to commend the gentleman from Pennsylvania
(Mr. Weldon) for his outstanding work on behalf of our fire paramedic
volunteers, something that was long overdue and something that will
help protect lives and property throughout our Nation.
Mr. PORTER. Mr. Speaker, I yield such time as he may consume to the
gentleman from Arkansas (Mr. Dickey).
(Mr. DICKEY asked and was given permission to revise and extend his
remarks.)
Mr. DICKEY. Mr. Speaker, I am in support of this bill, with
reservations.
Today, I will vote for the final appropriation bill of this 106th
session of Congress, but with some sadness. The regret because in the
Labor HHS and Education portion of these bills $4 million of projects
in the 4th District have at the last minute been removed from the bill.
These dollars had been placed in the bill to benefit educational
institutions in the 4th District as well as hospitals, agencies for the
aging, volunteer fire departments, bridges, boys and girls clubs, and
other well deserved projects. I did everything I could to stop this
from happening, but matters after the election were out of my control.
Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished
gentlewoman from Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the gentleman from
Wisconsin (Mr. Obey) for yielding this time to me.
Mr. Speaker, being cognizant of the approaching storm, let me very
quickly thank the gentleman from Florida (Mr. Young) and the gentleman
from Wisconsin (Mr. Obey) for their leadership and the gentleman from
Illinois (Mr. Porter) for his leadership. I spent many hours in front
of his committee, and I thank him.
There has been much talk about the whole idea of bipartisanship,
maybe even the word ``compromise,'' but I believe that bipartisanship
encourages one to put your feet in the shoes of the other fellow, put
your feet in the shoes of central Americans or Haitians and Liberians
who have worked so hard in this Nation, contributing taxpayers and
homeowners who by this bill have been denied a simple access to
legalization, individuals who came to this country, fleeing persecution
seeking the freedom that we would offer; what a shame.
So we know what kind of bipartisanship we can expect in the next
Congress. I would hope as well that we would have looked more favorably
at allowing those who might have committed offenses as juveniles not to
be deported and separated from their families, but that means that you
have to step in the other fellow's shoes.
I do, however, want to note the good works that have been done for
the hospitals and Medicaid payments and the $12 billion to help our
hospitals, and I would hope that this bill will pass on that basis.
Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Illinois (Mr. Davis).
Mr. DAVIS of Illinois. Mr. Speaker, I rise in strong support of this
conference report and would simply like to reference two parts.
Especially, I strongly support the fix that has been provided for the
teaching disproportionate share in public hospitals, and I also want to
reference the American Community Renewal Act and New Markets
Initiative. I want to commend the gentleman from Missouri (Mr. Talent),
the chairman of the Committee on Small Business, for the hard work that
he did on making sure that we get to this point with that legislation,
he and the gentleman from Oklahoma (Mr. Watts).
Mr. Speaker, I also want to thank the gentleman from Illinois
(Speaker Hastert) and President Clinton for making sure that this
legislation became a part, and remained a part, of the package. It is a
good bill. It is good legislation.
I commend the gentleman from Florida (Mr. Young), the gentleman from
Wisconsin (Mr. Obey), and all of those who framed it and the gentleman
from Illinois (Mr. Porter) and say thank you to a great Congress.
Mr. OBEY. Mr. Speaker, I yield myself 2 minutes.
Mr. Speaker, first of all, Mr. Speaker, I want to take note of the
fact that the gentleman in the chair, the gentleman from Indiana (Mr.
Pease), is also leaving this institution. He has not served with us
very long, but he has served with us very well.
I was just remarking with one Member on the majority side of the
aisle about the grace with which he handles his duties in the chair,
which he does often. He handles the gavel lightly but firmly. I think
everyone who has gotten to know him appreciates his character, his
goodwill, and the quality of service to this institution.
Secondly, I want to add one word about one additional staffer: Scott
Lilly has served as my right arm for many years. He is the staff
director on the Committee on Appropriations on the minority side. I do
not know anyone who I have ever worked with who has had better judgment
or is more dedicated both to this institution and to what this country
is supposed to stand for.
He has worked tirelessly on behalf of each and every Member on this
side of the aisle, and I would also say on many occasions people on
both sides of the aisle. I am profoundly grateful to the service he has
provided this body.
Lastly, I simply want to say that there are a number of items in this
bill that Members will not agree with. There are many items that I do
not agree with. There are a number of authorizations that have been
added that I think are ill advised. There are some changes in the
appropriation items themselves to which I do not agree.
An example, in October, we had an agreement on snowmobiles; that has
now, I understand today, been changed because the administration
negotiated a new arrangement with the Senate leadership. I do not like
it, but also at this late date there is not much that I can do about
it. We certainly cannot hold up the entire bill because of it.
Mr. Speaker, I simply want to urge every Member to recognize that the
education funding, the health funding and the worker protection funding
in this bill makes this a worthy enterprise; and even though the
process by which we arrived here was one that I would recommend to
absolutely no one in the future, I think that the contents are
something which we can go home
[[Page H12487]]
with justifiable pride, because they will, in fact, help meet the needs
of a changing and growing Nation.
Mr. Speaker, I yield back the balance of my time.
{time} 1815
Mr. PORTER. Mr. Speaker, I yield myself such time as I may consume,
and I will be very brief. I realize Members have planes to catch.
But I want to take a moment to thank the gentleman from Florida (Mr.
Young), my chairman, who has worked tirelessly to bring this
legislation to fruition. He is wonderful to work with, a man of good
humor and goodwill, great patience, a true leader in the House of
Representatives.
I want to thank the gentleman from Wisconsin (Mr. Obey.) It has been
one of my real pleasures to work with him. I have great respect for
him. We have worked well together. It has been a tremendous pleasure to
have been able to work with him all these years and to share in many
respects, although we have certainly had our differences, many of the
same agenda items.
Let me say that I have been pleased to have a subcommittee staff that
has been absolutely outstanding, the best on the Hill, led by Tony
McCann, our clerk; and Francine Salvador; Carol Murphy; Susan Firth;
Jeff Kenyon; and Tom Kelly, our detailees. They have done an absolutely
outstanding job throughout this year and previous years in bringing
this bill to fruition.
I want to thank my administrative assistant, Katherine Fisher. I want
to thank our front office staff, led by Jim Dyer, including John Mikel
and Chuck and Dale and Brian and Elizabeth and John. They all do a
magnificent job for the people of this country and for this Congress.
I want to thank Scott Lilly, as the gentleman from Wisconsin (Mr.
Obey) has said, Cheryl Smith, Mark Mioduski, and Christina Hamilton.
All of them do a tremendous job and work well with us to get the work
of the Congress done.
Mr. Speaker, as Bill Natcher would have said, this is a good bill,
and I commend it to all of the Members.
I have said my farewells to this body long ago, but let me just say
in closing it has been a tremendous honor and privilege to serve with
all of the Members of this body. I have served, I have counted them up,
I have served with 1,346 different Members over my 21 years.
I wish all the Members of this Congress a very Merry Christmas and a
Happy New Year. I wish them a wonderful new 107th Congress. I hope our
paths will cross many times in the years ahead.
Mr. SALMON. Mr. Speaker, I rise to urge my colleagues to vote in
favor of the Computer Crime Enforcement Act of 2000. The bill provides
$25 million in grants (from the Department of Justice) to local law
enforcement officials to combat computer crime. Specifically, the
grants will be used to: teach state and city law enforcement agents how
to investigate hi-tech crimes; purchase the necessary equipment to
assist in the investigation of computer crimes; and train prosecutors
to conduct investigations and forensic analysis of evidence in
prosecutions of computer crime.
As you know, many businesses, educational institutions, banks,
hospitals, and other information-intensive entities have fallen prey to
hi-tech criminals who illegally break into computer systems and steal
sensitive information.
A recent poll conducted by the Information Technology Association of
America (who endorse my bill) found that 61 percent of consumers
questioned are less likely to shop over the Internet as a result of the
rise in cybercrimes. Clearly, e-commerce and e-crime cannot co-exist.
The FBI refers many of these cases to local law enforcement agencies.
Unfortunately, local law enforcement agents have not had the necessary
equipment or training to protect the public from hi-tech thieves. At a
cybercrime summit I hosted in Phoenix this summer, many local law
enforcement officials told me that they do not have the necessary
equipment nor have they received adequate training to protect the
public from hi-tech thieves.
As a follow-up to my cybercrime summit, I asked several law
enforcement agencies from Arizona to respond to a questionnaire
regarding computer crime. Forty-three percent of the agencies do not
have funds specifically set aside for computer crime investigations
even though 50 percent of the agencies investigate more than 10 cases a
month. More frightening is the fact that 43 percent of the agencies
have personnel who are only moderately trained in computer crime
investigation.
Computer crime has been on the rise for some time. And companies are
requiring more federal assistance. According to a recent report
released by the FBI and the Computer Security Institute, 32 percent of
companies surveyed required help from law enforcement agencies--up 17
percent from the prior year. And, according to a recent report by San
Francisco's Computer Security Institute, nearly a third of U.S.
companies, financial institutions, government agencies and universities
say their computer systems were penetrated by outsiders last year. More
than half of the organizations said their computer systems were subject
to unauthorized access by insiders, and 57 percent said the Internet
was a ``frequent point of attack'' by hackers, up 37.5 percent from
three years ago.
We can no longer afford to be mystified by those who commit these hi-
tech crimes. The small network that once was the electronic home to a
few scientists has become an electronic labyrinth where hundreds of
millions of people regularly pay taxes, trade stock, bank, buy goods,
and send intensely personal information. When criminals gain access to
this sensitive information, the consequences can be devastating.
Computer criminals know no boundaries. And they are becoming
sophisticated to the point that most companies aren't even aware that
they are under attack. Therefore, it is imperative that Congress
address the needs of local police officers who are fighting this new
wave of crime on the front lines. To have a successful, national
cybercrime strategy, the FBI's expertise in fighting hi-tech crimes
will need to filter down to the states. I urge my colleagues to vote
for this bill.
Ms. PELOSI. Mr. Speaker, I rise in support of this omnibus measure,
which includes funding for many programs of vital importance to the
American people. The programs funded within the Labor-HHS-Education
Appropriations bill are so important because they affect families at
work, in school, at home, and in their communities. I commend Chairman
Porter and Ranking Member Obey for negotiating a strong bill that
reflects our national values. In particular, I would like to thank
Chairman Porter for his many years of dedicated service on our
subcommittee and in Congress. His knowledge, dedication, and ability to
reach across party lines will be sorely missed. David Obey's hard work,
commitment, and advocacy for Democratic priorities must also be
recognized. In addition, I commend the Clinton Administration for
holding firm on its initiatives and funding priorities, which helped us
provide the largest single year increase for health and education
programs in our nation's history.
Funding for health programs is increased significantly over the
measure passed by the House in June. The increase of $6.6 billion, 16
percent over fiscal year 2000, includes significant increases for HIV/
AIDS programs, community health centers, biomedical research, substance
abuse treatment, breast and cervical cancer screening, and programs
that reduce the harmful impacts of environmental pollutants on human
health. The bill also increases education programs $6.5 billion or 18
percent above last year, significantly increasing funding for Class
Size Reduction, Title I grants for disadvantaged students, teacher
quality improvement programs, and student financial aide assistance,
including Pell Grants, and providing $1.2 billion for a new School
Renovation Program. It also helps children's programs, including Head
Start, the Community Child Care Block Grant, After School Centers, and
campus based child care [CAMPUS]. To further address the nation's
shortage of high quality child care facilities, I also pushed to create
a new $2.5 million demonstration program to provide technical
assistance to child care providers in low-income communities, which is
included in the final bill. The $664 million increase for the Labor
Department is 6 percent more than last year's funding level and
increases Youth Job Training Programs and worker protection programs,
including OSHA and the International Labor Affairs Bureau. These are
great accomplishments, and we should all be very proud.
I am especially pleased that we were able to substantially increase
funds for HIV/AIDS prevention, care, and research. My community in San
Francisco has been devastated by this terrible epidemic, but we have
seen tremendous progress over the past decade as the resources
available to fight HIV/AIDS have been increased. The Ryan White CARE
Act, which was reauthorized for 5 additional years earlier this
session, will receive $1.808 billion this year, an increase of $213
million over last year. Approximately two-thirds of the people living
with HIV/AIDS in this country receive CARE Act services, and the recent
declines in AIDS deaths are a direct result of the therapies and
services made more widely available through this vital program. In
addition, we have provided a combined increase of $159 million for our
global and domestic HIV prevention programs. This investment, which now
totals $923 million, will allow greater access to voluntary counseling
and testing, stronger linkages between prevention and treatment, and a
[[Page H12488]]
reduction in the number of the new HIV infections worldwide. Finally,
we have succeeded in securing a substantial increase of $100 million
for the Minority HIV/AIDS Initiative. The impact of HIV/AIDS on
communities of color has steadily increased in recent years, and now
the majority of people living with AIDS are people of color. This
initiative will provide $350 million to enhance existing systems of
HIV/AIDS care in minority communities.
For the third year in a row, we have provided dramatic increases in
biomedical research at the National Institutes of Health. In addition
to progress in the search for better treatments and, eventually, a
vaccine for AIDS, these investments are yielding phenomenal progress in
our understanding of the human body and how we are affected by our
environment. One of the great achievements in the history of science,
the mapping of the human genome, was completed by NIH researchers
earlier this year. The potential impact on human health cannot be over-
exaggerated. This map will soon enable scientists to identify genetic
causes and develop precise medical interventions for Alzheimer's,
cancer, heart disease, and many other health conditions that adversely
affect millions of Americans each year.
We have also dramatically strengthened our commitment to
understanding and preventing illnesses that result from environmental
pollutants. The Center for Disease Control and Prevention will receive
nearly $47 million to assess human exposures to toxic substances,
screen newborns for treatable conditions linked to such exposures, and
respond to emerging environmental health threats as they develop.
Access to quality health care for the uninsured has been improved in
a number of important ways. Funding for the National Breast and
Cervical Cancer Early Detection Program at the CDC has been increased
$18 million to $174 million. This program provides lifesaving screening
to uninsured and underinsured women, and prevents thousands of cases of
cancer each year. Currently, these programs reach only 12-15 percent of
the women eligible for services in each state. This year's increases
will allow more at-risk women to be reached, but clearly we must
further expand this program in fiscal year 2002. An increase of $150
million was also included for the nation's community health centers.
The number of uninsured individuals in need of health care continues to
increase and community health centers provide high quality primary and
preventive care that would otherwise be obtained through costly
emergency room visits, or not at all. An additional $125 million has
been included for the Community Access Program which provides funds
that community health centers across the country use to streamline
administrative procedures and expand crucial primary care services.
This omnibus measure also includes important provisions that correct
changes to reimbursement rates in the Balanced Budget Act of 1997 which
drastically reduced payments for Medicare and other federally funded
health care programs. These refinements will help hospitals, nursing
homes, and academic health centers continue to provide the high quality
care that beneficiaries deserve.
Although funding for the Substance Abuse Block Grant increased by $65
million above last year's level, it is disappointing that the
leadership did not support a larger increase. An estimated 3.6 million
Americans do not receive the substance abuse treatment they need.
Earlier this year, to address the treatment gap, I offered a $1.3
billion amendment to increase treatment and prevention, the most
effective means to address abuse. In that debate, we cited a Rand
Corporation study sponsored by the Office of Drug Control Policy and
the United States Army which demonstrated that to reduce cocaine
consumption funds invested in drug treatment were 23 times more
effective than source country control, 11 times more effective than
interdiction, and 7 times more effective than law enforcement. It is
unfortunate that on party lines, the Republicans nonetheless voted in
Committee to oppose increased treatment and prevention funds, and voted
in the Rules Committee to prevent my amendment from being offered on
the House floor. I urge the 107th Congress to address this treatment
and increase funding.
This bill takes important needed steps to address America's troubling
child care crisis by significantly increasing funding for child care
programs. The bill substantially increases the Community Child Care
Block Grant by 70 percent or $817 million above last year and increases
Head Start $933 million or 18 percent. Funding for After School Centers
will nearly double, increasing $393 million, and the Child Care Access
Means Parents in School program will increase 400 percent from $5
million to $25 million. This small, but important program supports and
enhances campus based child care opportunities for low-income parents.
We must grow this program and work to ensure all parents attending
school have access to child care on campus so they are able to pursue
their educational goals. While I commend these significant and much
needed increases, we must recognize the gravity of America's child care
problems.
To address the nation's shortage of child care facilities, I pushed
to create a new $2.5 million demonstration program that will provide
technical assistance to child care providers to improve the quality and
supply of child care facilities in low-income communities. America's
child care facilities are inadequate and many low-income communities
face a severe shortage of quality child care space and equipment. This
crisis is expected to worsen as increasing numbers of welfare
recipients enter the workforce, and it threatens the ability of parents
to find and maintain stable employment. This demonstration will provide
grant funds to non-profit intermediaries to deliver technical
assistance to home and center-based child care providers to strengthen
the physical infrastructure of child care facilities and enhance
business management and entrepreneurial skills to ensure the long-term
viability of their centers. This federal investment would leverage
funds from the private sector, stimulate valuable public/private
partnerships, and provide small, seed-money investments to leverage
existing community resources. While this demonstration starts small, I
know it will succeed and expect that we will increase this funding in
subsequent years.
I commend the bill for its large funding increase for education and
know that local school districts will put their Class Size Reduction
and new School Renovation Program funds to excellent use. There is no
more important priority than educating our children and passing our
knowledge and values to the next generation. These funds will help
local schools recruit, hire, and retain more quality teachers and
enhance the school learning environment for both teachers and students.
Teacher quality improvement funds also ensure that new teachers, as
well as seasoned veterans, may enhance their professional development.
The increases for Title I grants, Special Education, and student
financial assistance increase access at all educational levels for
students with low-incomes, learning disabilities, or social
disadvantages. Together, this bill ensures that teachers can teach,
students can learn, and parents can participate in the learning
process.
I am pleased that this agreement deletes a GOP rider to stop the
Department of Labor from moving forward with and enforcing its recently
published final Ergonomics Standard. This Standard is vitally important
to protect America's working men and women and will annually prevent
460,000 workplace injuries. The final standard requires employers to
identify and fix workplace hazards that cause ergonomic injuries and
follows the existing business practices of competitive firms such as
the Ford Motor Company and Xerox. It provides Work Restriction
Protection to workers suffering on the job injuries and enables them to
maintain their earnings and full benefits for a limited period while it
is unsafe to return to work. After years of Republican-led delays, it
is significant that Congress will now permit the Labor Department to
enforce ergonomics protections. This success demonstrates the value we
place on safeguarding America's workers. It is my hope that Congress
will not revisit this issue in our next session, and that the Labor
Department will fully enforce these important workplace protections.
Programs dedicated to the education, health, and working conditions
of America's families are among our most important responsibilities in
the Congress. This bill responds to these responsibilities, and I urge
my colleagues to support it.
Mr. EWING. Mr. Speaker, today, I am introducing the Commodity Futures
Modernization Act of 2000 which provides us with an historic
opportunity to modernize the U.S. futures and over-the-counter market
laws. The time is now to ensure that the United States continues to be
the world's financial leader. We have two of the three largest futures
exchanges in the world, however, our antiquated laws and regulations
prevent them from being as efficient and effective as possible to
compete in global markets. The legal uncertainty surrounding the U.S.
over-the-counter markets must be removed to prevent domestic business
from migrating overseas and causing our share of these $90 trillion
markets to shrink.
The Commodity Futures Modernization Act of 2000 contains the major
provisions of the House passed H.R. 4541. These provisions are in
titles I and II of the legislation and provide regulatory relief for
the domestic futures exchanges, legal certainty for over-the-counter
products, and allow for the trading of single stock futures. The bill
promotes innovation and competition by giving exchanges, banks,
brokerage firms and others involved in derivatives markets the
flexibility to decide how best to structure their businesses with legal
certainty as to the regulatory implications of those decisions. It
provides unbiased guidelines on what kinds of activities are subject to
and excluded from the Commodity Exchange Act. Further,
[[Page H12489]]
the legislation makes those exclusions available to transactions in
financial interests or securities that do not occur on trading
facilities or occur on excluded electronic trading facilities, no
matter who operates those facilities.
By breaking down the Shad-Johnson barrier, the bill will foster a
healthy competitive environment for futures on single stock and narrow-
based futures indices, risk-management instruments that heretofore have
been prohibited by an outdated U.S. law. Because foreign competitors
have already focused considerable resources to attract these markets to
their shores, I would urge all agencies involved in administering the
new framework for single stock futures to act as expeditiously as
possible to ensure that our markets in single stock futures and narrow-
based futures indices are able to meet this competition promptly and
not suffer from regulatory arbitrage with overseas markets.
By refraining from altering certain sections of the Act, this
legislation reaffirms the importance of specific authorities granted
the CFTC, including its anti-fraud and anti-manipulation powers.
Section 4b is the principal anti-fraud provision of the Act and the
Commission has consistently used Section 4b to combat fraudulent
conduct by bucket shops and boiler rooms that entered into transactions
directly with their customers and thus did not involve a traditional
broker-client type of relationship. See, e.g., CFTC v. P.I.E., Inc.,
853 F.2d 721 (9th Cir. 1988) (fraudulent sale of illegal precious
metals futures contracts marketed as cash-forward transactions); CFTC
v. Wellington Precious Metals, Inc., 950 F.2d 1525 (11th Cir.), cert.
denied, 113 S. Ct. 66 (1992) (boiler room operation fraudulently
selling illegal precious metals contracts to members of the general
public). This is consistent with both Congress' understanding of and
past Congressional amendments to Section 4b that confirmed the
applicability of Section 4b to fraudulent boiler rooms and bucket shops
that enter into transactions directly with their customers.
It is the intent of Congress in retaining Section 4b of the Act that
the provision not be limited to fiduciary, broker/customer or other
agency-like relationships. Section 4b provides the Commission with
broad authority to police fraudulent conduct within its jurisdiction,
whether occurring in boiler rooms and bucket shops, or in the e-
commerce markets that will develop under this new statutory framework.
This latest version of the legislation adds two new titles not included
in the original House passed bill. Title III, Legal Certainty for Swap
Agreements, provides guidelines for the SEC's role in regulating swaps.
Title IV, the ``Legal Certainty for Bank Products Act of 2000'',
excludes identified banking products from the Commodity Exchange Act.
It provides guidelines to determine the proper regulator for hybrid
products. If the regulators do not agree on who should regulate a
product, the court will decide.
Senator Lugar and Senator Gramm have worked tirelessly in the Senate,
with the House, and with the Administration to make this bill possible.
Secretary Summers in coordination with Chairman Rainer and Chairman
Levitt and countless numbers of their staff put in many hours working
through this language to reach agreement. Finally, I would like to
thank Chairman Combest, Chairman Leach, Chairman Bliley and all the
Ranking Members who have worked so hard on this legislation,
particularly to pass the H.R. 4541 version of this bill through the
House, and to produce the final package we have presented today.
Everyone involved and their staff should be commended for their
extraordinary efforts.
It is my hope that this legislation will enable America to continue
being the world leader in financial markets for decades to come.
Mr. TOWNS. Mr. Speaker, while this legislation contains many positive
restorations in terms of Medicare beneficiaries and providers, I deeply
regret that we did not permit the states to offer health coverage for
lawful immigrant pregnant women and children through Medicaid and the
State Child Health Insurance program (SCHIP).
Because of our inaction, many hard working, tax paying, lawfully
present immigrants will remain ineligible for basic health care. We had
an opportunity to restore the human rights to lawfully present children
and pregnant women; yet, we failed to take this first step to make
health care available to a group of taxpayers who have no other
affordable access to health services. It is a shortfall that I hope we
can remedy in the next Congress.
Ms. DeGETTE. Mr. Speaker, this Congress is considering legislation
which would authorize the construction of a dam and reservoir that will
implement the Colorado Ute Indian Water Rights Settlement Act of 1988.
The Settlement Act, through the construction of the Animas La-Plata
project, (ALP) is intended to provide the Colorado Southern Ute and Ute
Mountain Ute Indian Tribes an assured long-term water supply in order
to satisfy the Tribes' senior water rights.
That said, what we really are addressing is justice. The Ute Tribes
once held the majority of the Western Slope of Colorado, but that land
was slowly and systematically taken from them by the United States
Government. For over one hundred and thirty years, the Ute Tribes have
been denied their rights as stewards of the land. Some object to the
ALP project in any form because of its environmental impacts or cost to
the taxpayer. I understand and share those concerns. However, it is
time to right the past wrongs that the federal government inflicted
upon the Ute people. It is unjust to delay this settlement any longer,
for doing so would continue a cycle of broken promises to the Ute
Tribes that is far too familiar.
The Utes have been extraordinarily patient. Thirty-two years of
debate and delay have brought us numerous versions of this project--
ALP, ALP-Lite, ALP Ultra-lite--it has become difficult to keep track.
The project has been evaluated by numerous federal and state agencies,
and subject to multiple lawsuits and negotiation sessions. All of which
have brought us here today to vote on this proposal, which is vastly
different from the original Animas La-Plata project put forth in 1968.
It is narrowly tailored and significantly downsized. In fact, it cannot
even be called Animas La-Plata anymore because the La-Plata River has
been taken out of the equation. Yet, this project still satisfies the
senior water rights of the Southern Ute and Ute Mountain Ute Tribes and
finally fulfills our promises to them.
I also am pleased that this bill instructs the Department of the
Interior to complete a thorough environmental analysis of the current
proposal. Previous versions of ALP were appropriately delayed in order
to fully assess the impact on endangered species and the environment.
The resulting discussions and additional research contributed to the
redesigned project proposed today. Since the final proposal of ALP is
vastly different from previous designs, it is critical that the
environmental impacts of this new version continue to be carefully
evaluated in order to ensure adequate protection of the environment.
I support the Animas La Plata project as outlined in this legislation
as the most viable manner in which to satisfy the Ute Tribes' water
rights that were established under their 1868 treaty with the United
States, and subsequently upheld by the Supreme Court decision in
Winters v. United States (1908). Colorado's Ute Tribes have waited long
enough for the fulfillment of that treaty. I urge passage of this bill
so that the tribes may regain some of what we have taken from them.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in support of the
Omnibus package before us. Let me highlight a few matters:
commerce-Justice-State
Provides $1 billion for the COPS program, which is $437 million above
the Y 2000 level. This total includes $535 million for core COPS
program, $100 million for community prosecutors, and $140 million for a
new COPS technology initiative.
State and local law enforcement assistance program--Provides $2.8
million for state and local law enforcement block grants, $687 for
state prison grants, $228 million for violence against women grants,
$250 million for juvenile crime block grants, and 569 million for Byrne
grants.
FBI--Provides $3.3 billion for the FBI, which is $161 million above
the FY 2000 level.
Drug Enforcement Administration--Provides $1.4 billion for the DEA,
which is $82 million more than last year.
Commerce Department--Provides for a total of $5.2 for the Commerce
Department and related agencies.
State Department--Provides a total of 6.6 billion for State
Department programs, which is $729 million more than in the FY 2000
budget. This includes $3.2 billion for diplomatic and consular programs
and some $871 million for international peacekeeping operations.
Mr. Speaker, I would like to take opportunity to express my
appreciation to the Clinton Administration, House and Senate Leadership
for working to finally complete the business of the 106th Congress.
This bill before the House will provide appropriations for several
separate appropriations bills, which have been combined to speed their
adoption into law.
In my testimony to the Appropriations Subcommittee on Labor/HHS, I
urged the committee to increase the funding for children's mental
health services, which they have done through the appropriation of a
Mental Health Block Grant program in the amount of $240 million, $63
million more than last year's funding.
As for my request for additional funding for HIV/AIDS this
appropriation measure will place an additional $97 million over the
amount initially requested by the Administration bring their
appropriation to $767 million for Fiscal year 2001. It is my hope that
this additional funding will go those who are in greatest need minority
HIV/AIDS programs. Minority AIDS
[[Page H12490]]
programs have been woefully under funded over the last few Congresses,
despite the fact that minorities are the fastest growing population
infected with AIDS/HIV.
I thank the Clinton Administration for taking the bold step of
formally recognizing that the spread of HIV/AIDS in the world today is
an international crisis, through his declaration of HIV/AIDS to be a
National Security threat. I am pleased to see that funding for the Ryan
White AIDS program has been increased by 13% to $2.5 billion for the
next fiscal year. Further, funding for the National Institutes of
Medicine has been increased to $2.4 billion, which is 14% over last
year's appropriations. 13.7 million children suffer from mental health
problems. The National Mental Health Association reports that most
people who commit suicide have a mental or emotional disorder. The most
common is depression and although one in five children and adolescents
had a diagnosable mental, emotional, or behavioral problem that can
lead to school failure, substance abuse, violence or suicide, 75 to 80
percent of these children do not receive any services in the form of
specialty treatment or some form of mental health intervention.
This bill will also fund education for our nation's children at $6.5
billion, which is 18% more than was appropriated last year, and is in
fact the largest annual increase in the history of the Department of
Education. This legislation will allow school districts throughout the
United States to work on reducing class sizes in the early grades,
create small, successful, safer schools, renovate over 3,500 schools,
and increase the number of children who have access to Head Start by an
additional 600,000.
This bill also incorporates the Fiscal Year 2001 appropriations for
the Department of Labor at $664 million or 64 percent over last year's
funding. I am very pleased to see that the funding for the Health and
Human Services Department is at $48.8 billion, which is $6.6 billion
over last year's appropriations. After the years of cuts to this vital
program today we are finally recognizing that the health safety and
welfare of America's disadvantaged should be addressed with adequate
resources by the agency charged with providing care to them.
Many Houstonians' lives were saved by the additional funding from
LIHEAP and this appropriations will provide $1.4 billion for the coming
year. I thank my colleagues and urge them to support this appropriation
measure.
Mr. BENTSEN. Mr. Speaker, I rise today in strong support of the
omnibus appropriations legislation that includes funding for the
Departments of Labor, Health and Human Services (HHS), and Education,
Treasury, and Legislative appropriations bill as well as $35 billion
for the Medicare and Medicaid programs. This comprehensive legislation
is critically important and will ensure that all Federal agencies
receive sufficient federal funds for Fiscal Year 2001. I am also
pleased that legislation includes tax provisions as well as provisions
to modernize the Commodity Futures Trade Commission, and reauthorize
the Small Business Administration.
I am especially pleased that this legislation includes provisions
similar to legislation which I sponsored (H.R. 1298) which would allow
schools, homeless shelters, and housing program agencies to
presumptively enroll those children who are eligible for either
Medicaid or the State Children's Health Insurance Program (SCHIP). It
is estimated that up to 800,000 of the 1.4 million uninsured children
in Texas are eligible for, but not enrolled, in the Medicaid program.
This provision will speed up the application process and ensure that
these children are immediately enrolled in Medicaid to get the services
that they need. I believe that this provision is the right thing for
these children and will actually save taxpayer funds by ensuring that
these children get the preventive care they need. It is cheaper to
provide health care for these children rather than to pay for their
care in emergency rooms. I also pleased that these provisions ensure
that states will not be penalized if they expand their presumptive
eligibility program. Under current law, states are required to deduct
any costs related to this presumptive program from their SCHIP
allotment. These provisions would correct this inequity by permitting
states to simply expand this program without a penalty.
A second priority item in this omnibus appropriations bill is the
$20.3 billion NIH budget included in this bill. As a Co-Chair for the
Congressional Biomedical Research Caucus, maximizing the NIH budget is
one of my highest priorities. This $20.3 billion is 14 percent higher
than last year's budget and is our third installment in doubling the
NIH's budget over five years. This additional funding will help to
ensure that more than one third of the peer-reviewed, meritorious
grants will be funded to help find a cure for such diseases as AIDS,
cancer, Alzheimer's, and diabetes.
Another important provision would provide $235 million for pediatric
graduate medical education for independent childrens' hospitals such as
Texas Children's Hospital in my district for next year. This provision
is similar to legislation I have cosponsored to provide guaranteed
Federal funding to train pediatricians. Under current law, independent
children's hospitals are not eligible for much graduate medical
education funding. This provision would correct this inequity.
This bill also provides $18.4 billion over ten years in Medicare
reimbursements for Medicare managed care plans. Just this week,
Congressman Bentsen sponsored a Town Hall in Houston to inform seniors
of their health care options in the wake of the massive Medicare HMO
withdrawal from Texas on January 1, 2001. This critical funding will
establish two minimum floor payments of $475 per person for rural areas
and $525 for urban areas to help ensure that Medicare beneficiaries
will continue to have health care options. It also provides a ten-year
risk adjuster for Medicare managed care plans to ensure higher
payments. With higher reimbursements, more managed care plans will
remain part of the Medicare program.
I am also pleased that this bill includes provisions to improve and
strengthen the Medicare and Medicaid programs. The Medicare provisions
will save hospitals $10.7 billion over ten years. The first provisions
will increase Medicare reimbursements for Indirect Medical Education
(IME) payments to teaching hospitals such as those at the Texas Medical
Center which I represent. This provision will restore $600 million for
teaching hospitals by providing an average 6.5 percent IME payment in
Fiscal Year 2001, a 6.375 IME payment for Fiscal Year 2002 and 5.5 IME
payment for Fiscal Year 2003. This bill also includes provisions to add
$100 million to the Medicare disproportionate share hospitals (DSH)
program for those hospitals which serve a disproportionate share of the
uninsured and underserved communities. This bill would also provide a
full annual inflation update for hospitals prospective payment system
(PPS) payments in Fiscal Year 2001. In Fiscal Year 2002 and Fiscal Year
2003, the update will be Market Basket Index minus .55 percent. These
two provisions will save hospitals $9.5 billion over ten years and are
similar to legislation which I have cosponsored to protect our nations'
hospitals.
This legislation also includes Medicaid provisions to save hospitals
$7.2 billion over ten years. The first provision will increase Medicaid
DSH payments, similar to legislation which I have cosponsored. These
provisions will also give the state of Texas two extra years to spend
their $446 million SCHIP allotment for Fiscal Year 1998 and 1999. Since
Texas has only recently begun to enroll children in their SCHIP
program, the state of Texas did not spend all of their FY 1998 and FY
1999 allotments in a timely manner. These provisions are critically
important to enrolling all of the children who will benefit from this
health insurance program.
I am also pleased that this bill includes a provision similar to
legislation which I have cosponsored to help patients with Amyotrophic
Lateral Sclerosis (ALS) or Lou Gehrig's disease. This provision
requires the Institute of Medicine to conduct a study on the 24-month
waiver in the Medicare disability program. Since many ALS patients do
not live for more than 24 months, the current system prevents many
patients from enrolling in Medicare. With more information, it is my
hope that we will have the research available to convince our
colleagues that this waiver should be granted.
I am also pleased that this bill includes several benefits for
beneficiaries. I am especially pleased that this bill eliminates the
time limits for immunosuppressive drugs. For Medicare patients who have
had transplants, these lifesaving drugs are critically important. Under
current law, we provide limited coverage for these immunosuppressive
drugs. Yet many of these patients must take these immunosuppressive
drugs for the rest of their lives to ensure that their transplanted
organs are not rejected. This bill also would modernize the mammography
benefits for Medicare beneficiaries by ensuring access to cutting-edge
digital mammograms. This bill provides higher reimbursements for these
digital mammograms and ensures that Medicare reimbursements will be
based upon the physician fee schedule rather the current fixed rate
system. It also provides coverage for colon cancer tests for all
Medicare beneficiaries, instead of only high-risk individuals. With
proper screenings, these preventive benefits can save lives and reduce
health care costs. I also support provisions that will provide coverage
for medical nutritional therapy for beneficiaries with diabetes. For
many diabetics, maintaining their diet is part of their treatment and
nutritional therapy has been shown to reduce complications from this
disease. This provision is based upon legislation which I have
cosponsored and will help many diabetics to get proper nutritional
training.
I also want to highlight several local projects included in this
bill. I am especially pleased that this conference report includes
$850,000 for the Center for Excellence in Minority
[[Page H12491]]
Health Research (CERMH) at MD Anderson Cancer Center. This is the
second installment in my efforts to ensure that we have provided
sufficient federal funding for research on the high rate of cancer
among minorities and underserved patients. With more information on
cancer, we will learn more about how to reduce these high rates and how
to provide cutting-edge treatments for these patients.
I am gratified that the 106th Congress' final piece of legislation
includes $1.75 million in very important funding for the revitalization
of Houston's urban center. These funds will enable the Mainstreet
Coalition, a unique city-county-private sector partnership, to continue
effectively addressing Houston's urgent urban public transportation,
development planning, and aesthetic design needs.
I am very pleased that the final appropriations agreement provides $2
million for the construction of a police training driving track for the
Pasadena Police department. Many are aware of the public dangers posed
by high-speed police chases. Since 30 percent of peace officer deaths
occur in motor vehicle accidents, it is critical for the Pasadena
Police Academy to have access to a quality training facility, and the
Houston Police Department facility is mostly unavailable. Thousands of
current and future officers and tens of thousands of residents in
southeast Harris County will benefit from increased public safety.
I am also pleased that this measure provides $1.3 million for the
construction of an Emergency Operations Center (EOC) by local emergency
management authorities in Baytown, Texas. Under this provision, the EOC
would be a secure location from which public safety officials can
direct a safe and orderly evacuation during disaster situations such as
industrial accidents and hurricanes.
For all of these reasons, I strongly support this conference report
and urge my colleagues to also vote for it.
Mr. STENHOLM. Mr. Speaker, I rise in support of provisions contained
in the Conference Report on H.R. 4577 that will enact legislation to
reform the Commodity Exchange Act.
It is a great accomplishment that an agreement has been reached on
this matter. It would not have occurred without the dedication and
determination of the gentleman from Illinois, Mr. Ewing.
Mr. Speaker, the agreement tackles and accomplishes the three main
tasks the Agriculture Committee set for itself at the beginning of our
CEA reform process:
Modernizing our Commodity Exchange Act regulatory system;
Providing legal certainty for our over-the-counter derivatives
market; and
Repealing the outdated prohibition on the trading of single stock
futures in the U.S.
Mr. Speaker, the agreement is broadly supported by the
Administration, by the President's Working Group on Financial Markets,
and by the financial services industry.
Mr. Speaker, the portions of this bill that reform our regulation of
trading on futures exchanges will hopefully bring about opportunities
for great improvement in the efficiency of our markets. The Commodity
Futures Trading Commission deserves the credit for the design of these
provisions. As included in this bill, the reform provisions serve as
our acknowledgment that as technology and research transform our
trading systems, Congress must ensure that regulatory statutes are
well-suited to helpful innovations.
Mr. Speaker, the CFTC's role in preventing and detecting fraudulent
activity will continue under its new system of regulation. The
legislation before us deliberately retains the authority of the
Commission to punish those who commit fraud in violation of section 4b
of the Commodity Exchange Act. While section 4b makes it a crime for a
futures commission merchant or other fiduciary to defraud a customer in
connection with a futures trade, it also is intended to make criminal
the type of fraud that may occur when a bucket shop or boiler room
defrauds a customer and no agent-principal relationship is present.
Mr. Speaker, again I want to clarify that with this bill, section 4b
is retained in its entirety. It will continue to be a crime for anyone
to commit fraud in connection with a futures contract--whether or not
an agency relationship is established. Section 4b provides the
Commission with broad authority to police fraudulent conduct within its
jurisdiction, whether occurring in boiler rooms and bucket shops, or in
the e-commerce markets that will develop under this new statutory
framework.
Mr. Speaker, again I support the inclusion of CEA reform in this
bill, and I congratulate Chairman Ewing for his achievement.
Mr. UDALL of Colorado. Mr. Speaker, while I have some serious
reservations about this conference report, I will vote for it.
One of my concerns relates to the way this bill has been brought to
the floor of the House.
We all expect that this will be the last real appropriations bill--as
opposed to a continuing resolution--of the year, and that when it is
enacted funding will be available to keep all federal agencies running.
This is the good news about the parliamentary situation in which we
find ourselves.
The bad news is that we must vote yes or no, up or down, on an
omnibus bill that few if any of us have had much time to review and
that includes many substantive provisions that have little or nothing
to do with appropriations and that may well be contrary to good public
policy in several areas, including protection of the environment.
This is not the way the Congress should do its business.
It is not the fault of the House--we completed action on all the
appropriations bills in a relatively timely way. But regardless of how
we got here, this is not where we should be.
From my perspective, there is also both good news and bad news about
the bill's specific provisions.
The good news is that the bill includes many provisions that will
greatly benefit the nation as a whole and Colorado in particular. The
bad news is that it includes some things that should not be included
and omits some things that should be part of the conference report.
Let me first mention some of the good news about the conference
report.
education
While not all I would have liked, the conference report will allow
for $6.5 billion increase over last year in education spending, with
increased funding for Special Education Grants, the TRIO Program for
minority and disadvantaged students and Head Start. The bill allows for
an increase in Pell Grants, bringing the maximum award to $3,750. The
conference report also provides $1.2 billion for school modernization.
I think we should be doing more in several areas, including assisting
school districts to repair schools and build new ones, but overall this
is part of the good news.
Health care provisions
The conference report will increase the National Institutes of Health
budget $2.5 billion. It also restores funding to health care service
providers and managed care plans that provide health care services to
Medicare beneficiaries that have been hard hit by the Balanced Budget
Act of 1997.
This is also good news, although more remains to be done.
In 1997, Congress passed and the President signed into law the
Balanced Budget Act, which made cuts in Medicare and Medicaid in order
to balance the budget and secure the solvency of these two critical
health care programs. However, these cuts have left America's hospitals
in a state of crisis. Cuts in funding for disproportionate share
hospitals (DSH), coupled with the skyrocketing costs for prescription
drugs, have left some of the Nation's premier hospitals operating in
the red and at the brink of bankruptcy.
In late January 2000, the Congressional Budget Office (CBO) released
its revised baselines for fiscal year 2001 spending programs and
projections for fiscal year 2001 through 2005. Budget officials project
that Federal health program spending will be cut by more than $226
billion--approximately $123 billion more than Congress or the
Administration ever intended. In addition, the BBA 97 backloaded the
cuts in Medicaid, so the real hemorrhaging hospitals will experience
will be in 2001 and 2002.
During 1999 total Medicare spending fell by almost one percent--the
first absolute spending reduction in Medicare history. And the Medicare
Hospital Insurance Trust Fund (which provides payment for inpatient
hospital and nursing home services) fell by 4.4 percent.
Simultaneously, our Nation's uninsured rate continues to climb, to the
tune of 100,000 people every month. Cutting DSH payments while the
uninsured rate increases does not make sense. At a time of budget
surpluses, Congress should provide relief to our Nation's safety net
hospitals that provide critical health care access to the uninsured,
and I'm pleased we've addressed this is the bill.
Also, the bill provides more funding for Medicare managed care
organizations. Since the inception of the Medicare HMO Program three
years ago, managed care companies have discontinued participation in
the program, leaving many seniors scrambling to find another managed
care plan or enrolling in traditional Medicare. Many HMOs argue that
the reimbursement rates are not adequate enough for them to continue to
provide coverage to Medicare beneficiaries. In fact, in the last two
years in my district, the number of Medicare HMOs has dropped from five
to one. Many seniors rely on managed care plans for affordable and
quality health care.
While I believe the funding in this bill for Medicare HMOs is only a
band-aid solution to a growing problem, I think it's an acceptable move
at this point. But I think we need to think seriously about how we will
continue to provide quality health care coverage for our current and
future retirees.
noaa funding
Another part of the good news is that the conference report is a
definite improvement over the House bill in terms of the funding it
provides for the National Oceanic and Atmospheric Administration
(NOAA).
[[Page H12492]]
NOAA operates six of its twelve environmental research laboratories
in Colorado, and Boulder has the largest concentration of NOAA research
staff in the nation--300--as well as the largest concentration of
university staff funded by NOAA research. We in Colorado are proud to
be the home of so many top-quality scientists engaged in unraveling the
secrets of the Earth.
Earlier this year, the work of NOAA's scientists and researchers was
threatened by much reduced FY 2001 funding levels in the House.
Particularly devastating would have been cuts to NOAA's Office of
Oceanic and Atmospheric Research. So, it is definitely good news that
in the course of the conference process, funding was increased--almost
to the higher Senate-passed levels. Although we can and should do
better next year, I am glad that conferees were able to realize the
value of NOAA's programs.
nist funding
It is also good news that the conference report includes increased
the funding levels for the National Institute of Standards and
Technology (NIST).
The earlier House-passed bill not only would have cut NIST's science
programs, but also would have provided inadequate funding for
critically needed repairs and maintenance for NIST's laboratories in my
hometown of Boulder, Colorado.
About 530 scientists, engineers, technicians, and visiting
researchers are based at NIST-Boulder, where they conduct research in a
wide range of chemical, physical, materials, and information sciences
and engineering. But NIST's deteriorating labs--most of them 45 years
old--mean that scientists can't do their work. So I am pleased that
maintenance funds for NIST--Boulder have been increased in the final
bill. I am hopeful that this is only the beginning of what must be a
long-term commitment to maintenance and construction funding for NIST-
Boulder. I will continue to fight to ensure NIST's needs are addressed.
sbir reauthorization
I am also pleased that the conferees saw fit to include the
reauthorization of the Small Business Innovation Research (SBIR)
Program in this omnibus legislation. This has been a long time in
coming--the Senate and the House have spent most of the 106th Congress
finetuning the SBIR reauthorization language. But we finally have a
reauthorization bill that all parties can support and that will extend
this important program through 2008.
I come from an area of the country that is home to many innovative
small businesses at the cutting edge in a number of fields. As creative
as these companies are, they often struggle to come up with the funds
necessary to refine their ideas, turn them into products, and to take
those products to the commercial marketplace.
This SBIR Program has filled a real need for these companies over the
years, giving them easier access to capital and functioning as a seal
of approval. It is an important source of funding for the ideas that
will lead to our future prosperity, and I welcome the inclusion of its
reauthorization in this omnibus bill.
broomfield interchange
I also want to express my appreciation to the Appropriations
Committee for allocating $1 million to the City of Broomfield, Colorado
to complete an environmental impact study on the U.S. 36--Wadsworth
Blvd. Interchange. This will be an important step towards relieving
traffic gridlock along this seriously overcrowded route that serves an
area where growth and development have been occurring at a fast pace,
and in particular a complex intersection that serves the Interlocken
business park, the Jefferson County Airport, the Flatirons Crossing
Mall, and the city--soon to be the county--of Broomfield. I greatly
appreciated being able to work with the committee and with Broomfield
to help provide this federal assistance to begin to unclog this
transportation ``bottleneck.''
navajo code talkers
I also am very pleased that the conference report includes
legislative language similar to H.R. 4527, authorizing the President to
present a gold medal on behalf of the Congress to the Navajo Code
Talkers in recognition of their contributions to the Nation. Last year,
a high school history teacher in my district, Jim Hamilton of Centarus
High School in Lafayette, Colorado brought a group of students to
Washington. Through meeting with Mr. Hamilton and his students, I
learned that for several years he has been teaching his classes at
Centarus High School the history of the Navajo Code Talkers service in
World War II. Like many other Westerners, I am very familiar with the
inspiring story of these Navajo Code Talkers, whose unique and highly
successful communications operation greatly assisted in saving
countless lives and in hastening the end of World War II in the
Pacific. So, I am happy to have played a role in drawing our colleagues
attention to the appropriateness of their receiving this long overdue
honor.
Now I have to mention some of the bad news about this conference
report.
Part of the bad news is that there are areas where the amounts
included are short of what is needed.
reca shortfalls
One important example of a shortcoming is the funding for awards
under the Radiation Exposure Compensation Act (RECA).
RECA provides for payments to individuals who contracted certain
cancers and other serious diseases as a result of their exposure to
radiation released during above-ground nuclear weapons tests or as a
result of their exposure to radiation during employment in underground
uranium mines. Some of my constituents are covered by RECA, as are many
other Coloradans as well as residents of New Mexico and other states.
On July 10th of this year, RECA was amended to cover more people and
additional compensable diseases, to lower radiation exposure
thresholds, to modify the medical documentation requirements, and to
remove certain disease restrictions. These are improvements that I
supported.
Unfortunately, Congress has not appropriated sufficient money to pay
all the awards that have been made under RECA. As a result, the Justice
Department has had to send successful claimants letters--IOUs, in
effect--indicating that payments must await further appropriations. And
while this conference report does provide some $10 million for RECA
payments, that still is far from adequate. In fact, the Justice
Department tells me that an additional $70 million to $80 million would
be required just to pay what the government already owes RECA
claimants.
We need to do better. We need to provide all the needed funds--but
that is not all. We should act so that RECA payments will no longer be
subject to appropriations, but instead will be paid automatically in
the way that we now have provided for payments under the new
compensation program for certain nuclear-weapons workers made sick by
exposure to radiation, beryllium, and other hazards.
other legislation provisions
Finally, another part of the bad news about this conference report is
that it also includes a number of legislative items that more properly
should be considered on their own rather than as part of this
appropriations bill.
I want to highlight one of those provisions that is of particular
importance to Colorado.
animas-la plata project
The conference report includes legislation to authorize a revised
version of the Animas-La Plata project, in southwestern Colorado. In
our state, few things have been so controversial for so long. The
original authorization for an Animas-La Plata Project dates back more
than thirty years, but for many years it seemed that nothing would ever
come of that authorization.
The idea was given new life in 1988 by enactment of the Colorado Ute
Indian Water Rights Settlement Act. By that Act, Congress ratified an
agreement under which the two Ute tribes agreed that water from the
project would resolve their water-rights claims and they and the other
parties could dispense with litigation.
However, since then more than a dozen more years have gone by without
a resolution--and unless the current law is changed the tribes will
have to decide either to go back into court or to continue to wait.
So, I fully understand why the tribes and many others said it is time
to resolve this matter. Like them, I am troubled about the time that
has already elapsed without achieving a final resolution of these
tribal claims and I am very uncomfortable with the prospect of
reopening litigation that could be very long and costly for all
concerned.
In addition, the project that would be authorized by this legislation
is not the same as the original proposal and in its revised form it has
the support of the Clinton Administration.
Still, while I think notable progress has been made, it is clearer
that there is not--and may never be--complete consensus on either the
environmental issues or the fiscal questions that over the years have
been part of the debate about this contentious matter.
Personally, I have serious concerns about the very idea of
constructing a large water storage project as a way to resolve the
kinds of water-rights claims that are involved here.
I think that over the past century we have learned--or should have
learned--that water projects like the one proposed here represent an
old approach that is not very well-tuned to today's realities. They are
costly, environmentally disruptive, and inefficient for many reasons,
including the amount of water they simply lose through evaporation.
In fact, it is because we have learned about these shortcomings that
across the country we are seeing a greater emphasis on removing dams
than on building new ones.
In addition, as I said earlier I find it very unsatisfactory that the
House must today vote on this strictly on a take-it-or-leave-it basis,
with no opportunity to consider amendments or even a separate up-or-
down vote on this or any other part of the overall conference report.
[[Page H12493]]
It would have been much better if the House had had a chance to
consider this matter separately under an open rule, to permit full
debate on the legislation and consideration of amendments.
We could have done that if the similar bill reported by the Resources
Committee had ever been brought to the floor.
When the Resources Committee debated that bill, I voted ``present''
even though, as I said, I found--and still find--it very hard to
support even the scaled-down water project now being proposed.
My vote in the committee was based on three things.
First, because while I had--and still have--serious doubts about this
project, I was persuaded that the time has come for the Congress to
resolve this matter.
Second, I recognized the West-wide significance of this project and
believed the Congress in its entirety--and not just one Committee--
should have an opportunity to debate and vote on this matter.
And there was a third reason--perhaps the most important one. It has
to do with the involvement of the Ute tribes.
If it were up to me alone, the Resources Committee would have
considered a different bill and neither the bill the committee approved
nor the Animas-La Plata provisions of this conference report would be
before us.
As I told the Resources Committee, I am hard pressed to see how the
project that would be authorized by this bill can adequately provide
the tribes with ``wet'' water, barring some future distribution system
that will have significant environmental consequences--consequences
that it may not be possible to fully and adequately mitigate.
But it was my view--it is still my view--that I must take very
seriously the fact that the tribes have asked for this project. I
thought then--and I still think--it would not be right for me to
substitute my judgment for theirs when it comes to the option they
prefer. Whatever I may think about the merits of the project, I feel
that I must respect their decision about what is best for them and
their future.
So, I did not oppose the action of the Resources Committee in
ordering the bill reported to the House. I expected that the reported
bill would by now have been brought up for debate. But, for whatever
reasons, that did not happen.
The Senate did give separate consideration to a similar measure,
which it passed in October. Prior to passage, the Senate revised the
bill, and I think the result was to improve it--particularly by making
it even less likely that the bill could be construed as somehow waiving
any of the requirements of applicable environmental laws or as limiting
any judicial review in connection with this project.
Had that Senate bill been considered separately here in the House, it
would have been possible to amend it further to make this absolutely
clear--something that I think would have been desirable even though
perhaps not absolutely necessary.
But, on balance, I support resolving this contentious matter in a way
that is finally acceptable to the Tribes rather than allowing this
issue to continue to languish. While I would have preferred that this
Animas-La Plata legislation not be included in this conference report,
I think it is sufficiently acceptable--particularly considering the
desirable provisions of the conference report I have already
mentioned--that I will support the conference report even though it is
included.
Mr. JACKSON of Illinois. Mr. Speaker, although I have very serious
concerns, I rise today in support of this conference report. It is not
a perfect product, but I believe it is a compromise we can all live
with. By passing this conference report, Congress demonstrates its
commitment to the employment, education and health needs of all
Americans. So much is at stake. I urge you to support it.
I want to commend Chairman John Porter, Ranking Member Obey, my other
colleagues on the Labor-HHS-Education Appropriations Subcommittee and
the subcommittee staff for their tireless work to get us here today. I
want to especially thank the Chairman and the Ranking Member for
working with me to address the needs of my constituents and all
Americans.
For some in America, the economy is booming and unemployment is at
its lowest rate in 30 years. But there are others.
In the congressional districts on the north side of the Chicago metro
area, there are more jobs than people. In my district, the south side
of Chicago and south suburbs, there are more people than jobs. And what
about health care? While the economy was booming, the number of
Americans uninsured or under-insured has increased by several million.
We should not, and cannot settle for this! This conference report
provides the opportunity for us to leverage our resources and the
benefits of this booming economy, to ensure that no American is left
behind.
There may be some members of this House who disagree with the
programs that Labor-H provides, but it is in our national interest to
help those we represent receive skills training to move into an economy
that is becoming less industrial and more service oriented. It is in
our national interest to provide educational opportunities so every
American has a strong foundation that will serve them as they pursue
their dreams. But education in the head and money in the bank mean
nothing if there is no health in the body. So it is most definitely in
our national interest to ensure that every American has the health care
they need by increasing investment in research, prevention and
treatment.
However, as I stated when I began, despite some of the positive
aspects of this bill, there are four areas which I find problematic.
(1) The FY 2002 advance for LIHEAP was eliminated. Advance
appropriations for LIHEAP are vitally necessary so states like Illinois
can properly plan before the summer and winter for any severe weather
that puts some of our most vulnerable citizens at risk. No one ever
wants to be put in the position of deciding between food for their
children and heat for their homes.
(2) The FY 2002 advance for the Child Care and Development Block
Grant was eliminated. This is a missed opportunity to show ``family
values,'' especially to parents who are making the transition from
welfare to work.
(3) The immigration amnesty provisions in the Commerce-Justice-State
portion of the conference report are inadequate. In whole, the Latino
Immigration and Fairness Act simply tries to bring fairness and justice
to our nation's immigration laws by keeping families together,
especially the families of Central American and Carribean refugees who
fled civil unrest in their homelands.
(4) Although I support the New Markets initiative attached to this
omnibus conference report, I object to the charitable choice language
because it allows for federally funded employment discrimination.
Despite the fact that charitable choice provisions were included in
legislation signed in October, I still believe civil rights and
constitutional problems exist, and we should not overlook them.
Even with these objections, I can think of 108.9 billion reasons to
support this conference report.
The budget authority for the Labor-HHS-Education bill is $108.910
billion. Education funding is $42.1 billion, a $6.5 billion or 18
percent increase over FY2000. Funding to train America's workforce is
$11.9 billion, a $664 million of 6 percent increase over FY2000.
Funding for the Department of Health and Human Services is $48.8
billion, a $6.6 billion or 16 percent increase over 2000. Specifically,
this omnibus conference report contains:
$2.9 billion to expand Youth Job Training Programs, $175 million or 7
percent over last year--which will train 812,000 disadvantaged youth,
an increase of 78,000 over last year.
$3.2 billion for Adult Job Training Programs, $63 million or 2
percent over last year--which will train 1.6 million adults who need
skills training--223,000 more than were trained last year.
$20.5 billion for NIH, a $2.5 billion or 14 percent increase over
last year to expand the federal investment in biomedical research.
$1.8 billion for Ryan White AIDS Programs, a $213 million or 13
percent increase; and $767 million for CDC AIDS prevention, an increase
of $147 million or 24 percent.
$350 million for the Minority HIV/AIDS Initiative, an increase of
$99.1 million.
$1.7 billion for Community Health Centers, an increase of $150
million or 15 percent; plus an additional $125 million for the
Community Access Program.
$185 million for Historically Black Colleges and Universities, an
increase of $37 million over FY 2000.
$45 million for Historically Black Graduate Institutions, an increase
of $14 million over FY 2000.
Again, I want to reiterate my support for this omnibus conference
report.
I want to thank Chairman Porter and Ranking Member Obey and their
staffs for working with me. Mr. Chairman, I am disappointed to see you
retiring from Congress, but I want to congratulate you on the work you
have done as a legislator, on your distinguished career and your
dedication to public service. I wish you and your family well in your
future endeavors.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of this
conference report that incorporates the four outstanding FY 2001
appropriations bills--Labor-HHS-Education, Commerce-Justice-State,
Legislative Branch, and Treasury-Postal Service--as well as $550
million in across-the-board cuts from all non-defense discretionary
accounts except Labor-HHS, and $450 million in defense cuts.
In addition, this conference report incorporates: (1) various
immigration provisions; (2) the Medicare, Medicaid, and S-CHIP Benefits
Improvement and Protection Act; (3) the New Markets Initiative; and (4)
the Commodity Futures Modernization Act.
The version of the FY 2001 Treasury-Postal Service/Legislative Branch
Appropriations conference agreement included in this legislative
[[Page H12494]]
package is identical to the one vetoed by the President on October 30,
except that it does not include repeal of the telephone tax.
Following are highlights of the various key components of this
omnibus legislative package being brought to the House Floor.
labor-hhs-education appropriations
The Clinton Administration and Congressional Democrats were
disappointed that the Republican leadership scuttled a bipartisan
agreement on the Labor-HHS-Education bill that was reached by
negotiators on the night of October 30. However, it is important to
note that, through their efforts, the Administration and Congressional
Democrats were able to secure in this final conference report an
historic increase in education funding--providing an increase of $6.5
billion (or 18 percent) in education funding over FY 2000. Indeed, the
final education funding bill has received the support of the National
Education Association and other education groups. Following are
highlights of the final conference report on the Labor-HHS-Education
bill.
Class Size Reduction--Provides $1.623 billion for the Class Size
Reduction Initiative, which is $323 million above the FY 2000 level and
$127 million less than the President's request.
Urgent School Renovation--Provides $1.2 billion for President
Clinton's new Urgent School Renovation Program, providing support for
short-term emergency repairs at schools, which is $100 million less
than the President's request.
Title I Accountability--Provides $225 million for the Title I
Accountability Fund, which strengthens accountability by accelerating
state and local efforts to turn around the lowest-performing Title I
schools, which is $91 million above the FY 2000 level.
After-School Programs--Provides $846 million for After-School
Programs, which is $393 million above the FY 2000 level.
Teacher Quality--Provides $692 million to improve teacher quality, an
increase of $244 million or 54 percent over FY 2000, to provide
training in core academic subjects to up to 1 million teachers, reduce
the number of uncertified teachers, and provide technology training to
110,000 future teachers.
Pell Grants--Provides $8.756 billion for the Pell Grant Program,
which is $1.116 billion above the FY 2000 level. Also provides for a
maximum Pell Grant of $3,750, an increase of $450 over the maximum
grant in FY 2000.
GEAR-UP--Provides $295 million for the GEAR-UP Program, providing
college preparation for low-income middle school and high school
students, which is $95 million above the FY 2000 level.
Head Start--Provides $6.2 billion for Head Start, which is $933
million above the FY 2000 level.
LIHEAP--Provides $1.4 billion for the Low-Income Home Energy
Assistance Program, which is $300 million above the FY 2000 level. (The
agreement does not include the FY 2002 advance appropriation for LIHEAP
that had been included in the October 30th tentative conference
agreement.)
NIH--Provides $20.3 billion for the National Institutes of Health,
which is $2.5 billion or 14 percent above the FY 2000 level.
Ryan White AIDS Programs--Provides $1.8 billion for Ryan White AIDS
programs, which is $213 million above the FY 2000 level.
No Ergonomics Rider--Contains no policy riders regarding ergonomics,
unlike the original House-passed bill.
commerce-justice-state appropriations
Following are highlights of the final conference report on Commerce-
Justice-State Appropriations (the funding levels in the conference
report are identical to those in the conference report adopted by the
House back on October 26).
COPS--Provides $1 billion for the COPS program, which is $437 million
above the FY 2000 level. This total includes $535 million for the core
COPS program, $100 million for community prosecutors, and $140 million
for a new COPS technology initiative.
State and Local Law Enforcement Assistance Programs--Provides $2.8
billion for state and local law enforcement assistance programs,
slightly more than the FY 2000 level--including $523 million for local
law enforcement block grants, $687 million for state prison grants,
$288 million for violence against women grants, $250 million for
juvenile crime block grants, and $569 million for Byrne grants.
INS--Provides $4.8 billion for the Immigration and Naturalization
Service (INS), which is $548 million above the FY 2000 level.
FBI--Provides $3.3 billion for the Federal Bureau of Investigation
(FBI), which is $161 million above the FY 2000 level.
Drug Enforcement Administration--Provides $1.4 billion for the Drug
Enforcement Administration, which is $82 million above the FY 2000
level.
Commerce Department--Provides a total of $5.2 billion for the
Commerce Department and related agencies. This includes $3.1 billion
for programs of the National Oceanic & Atmospheric Administration; $1
billion for the Patent and Trademark Office; $563 million for the
National Institute of Standards and Technology; $146 million for the
Advanced Technology Program; $440 million for the Economic Development
Administration; and $337 million for the International Trade
Administration.
State Department--Provides a total of $6.6 billion for State
Department programs, which is $729 million above the FY 2000 level.
This includes $3.2 billion for diplomatic and consular programs; $1.1
billion for embassy security, construction and maintenance; $871
million for membership in international organizations; and $846 million
for international peacekeeping.
immigration provisions
Democrats advocated the inclusion in this final appropriations
conference report of immigration provisions found in the Latino and
Immigrant Fairness Act (LIFA) that would have provided fair treatment
for individuals fleeing political violence and instability in their
home countries, relief for individuals who have been left in legal
limbo because of the Immigration and Naturalization Service's
misinterpretation of immigration law, and relief for individuals who
are eligible for permanent residency. Instead, the Republicans have
included a package of immigration provisions that provide limited
relief and fail to address due process concerns or fairness for Central
Americans, Haitians and Liberians who have fled persecution. The
immigration package includes:
Restoring the 245(i) adjustment of status mechanism (under which a
person eligible for an immigrant visa and for whom a visa is currently
available can get permanent resident status in the U.S. rather than
having to return abroad to get a visa) available to anyone who is the
beneficiary of a petition for an immigrant visa or application for
labor certification filed before April 30, 2001, provided that the
beneficiary is physically present in the U.S. on the date of enactment
of the Act.
Providing relief to immigrants who have been here since 1982 and who
were prevented from adjusting their status under a one-time amnesty
program passed in 1986. Specifically, this provision would provide
permanent residency to individuals who were members of the classes in
the lawsuits Catholic Social Services, Inc. v. Meese, League of United
Latin American Citizens v. INS and Zebrano v. INS. The spouses and
minor children of these individuals will be allowed to stay in the
country and work while their immigrant visas are being processed.
Amending the Nicaraguan Adjustment and Central American Relief Act
(NACARA) and the Haitian Refugee Immigration Fairness Act (HRIFA)--two
laws which passed in the mid-1990s to provide relief for refugees--to
ensure that qualifying applicants for relief are not turned away
because of previous deportation orders.
medicare, medicaid and schip benefits improvement and protection act
The final package includes the Medicare, Medicaid and SCHIP Benefits
Improvement Act--a revised version of provisions that were included in
the tax cut bill passed by the House on October 26. This legislation
invests about $35 billion over five years to restore Medicare and
Medicaid health care provider payments; add preventive benefits and
reduce beneficiary cost sharing under Medicare; and improve health
insurance options for low-income children, families and seniors. The
total of $35 billion includes restored Medicare and Medicaid health
care provider payments of approximately $12 billion for hospitals, $11
billion for managed care plans, $2 billion for nursing homes, $2
billion for home health agencies, and $3 billion for other providers.
The total also includes approximately $5 billion for Medicare and
Medicaid beneficiary improvements.
The Clinton Administration and Congressional Democrats are
particularly pleased that over the last few weeks they have been
successful in adding to the bill passed in October increased payment
restorations for rural and teaching hospitals, hospices, and home
health agencies. They are also pleased about being successful in adding
a number of other provisions including: (1) extending for a year
provisions allowing welfare families who leave the rolls for jobs to
retain Medicaid coverage temporarily; (2) allowing states the option of
enrolling eligible uninsured children in Medicaid and the State
Children's Health Insurance Program (SCHIP) through schools, child
support enforcement agencies, and other sites; (3) suspending the
normal 24-month waiting period for Medicare for individuals disabled by
Lou Gehrig's disease; and 4) simplifying enrollment of low-income
Medicare beneficiaries for Medicaid assistance with premiums and cost-
sharing.
community renewal and new markets tax provisions
The legislative package contains community renewal and New Markets
tax provisions, similar to those passed by the House twice earlier this
year. These provisions expand the community renewal efforts undertaken
in the Empowerment Zone legislation first enacted in 1993 and expanded
in 1997. The provisions include those that:
[[Page H12495]]
Create nine additional empowerment zones and forty ``renewal
communities'' which are eligible for a number of tax incentives for
investment and job creation;
Provide the President's ``New Markets'' tax credit;
Increase the per-capita annual volume cap on the low-income housing
tax credit and the per capita state volume cap on tax-exempt private
activity bonds and extends the tax benefits for existing zones through
2009; and
Extend the Brownfields tax incentive.
In addition, the bill extends the availability of Medical Savings
Accounts (MSAs) for two years through 2002, corrects the effect of an
error in the Consumer Price Index on a number of Federal benefit
programs and indexing of tax brackets and exemptions, and provides an
extension and enhancement of the charitable deduction for corporate
contributions of computers and other high-tech equipment to schools and
public libraries. The tax provisions needed to implement the newly
authorized single-stock futures contracts in the Commodity Futures
Modernization Act of 2000 (also incorporated in this conference report)
are contained in the bill. There are also numerous technical
corrections and administrative provisions.
commodity futures modernization act of 2000
Finally, the legislative package includes the language of the
Commodity Futures Modernization Act of 2000, legislation that makes
major changes in the regulatory structure of the commodity futures and
financial derivatives markets. The bill is similar to H.R. 4541 that
was passed by the House on October 19, but it contains revisions based
on negotiations between Senate Banking Committee Chairman Gramm, House
Republicans and the Treasury, SEC and CFTC. It reauthorizes the funding
for the Commodity Futures Trading Commission, incorporates many of the
recommendations of the President's Working Group on Financial Markets
regarding the regulation of financial derivatives, lifts the ban on
trading of single-stock and narrowly-based index futures, and updates
the regulatory structure for financial and commodity futures and
options markets. The tax provisions needed to implement creation of
single-stock futures are contained in the Community Renewal and New
Markets tax bill that is also included in the conference report.
This version of the bill is acceptable to the Treasury Department,
Securities and Exchange Commission and the Commodity Futures Trading
Commission. Basic investor protections in current law and regulations
are preserved. However, some consumer advocates have expressed concern
that the deregulation of derivatives markets in this bill weakens the
protections against fraud and manipulation and could lead to future
instability of the financial markets.
Mr. DAVIS of Florida. Mr. Speaker, as we all know, we are approaching
an education crisis in our country. Over the next decade, school
districts throughout the country will need to hire over 2 million new
teachers. Four months after the school year started, my school
district, Hillsborough County, Florida, still needs to hire over 150
new teachers. Over the next decade, our school district will need more
than 7,000 new teachers. To meet this need and address this critical
shortage of teachers that our school districts are facing, talented
Americans of all ages should be recruited to become successful,
qualified teachers. That's why I, along with Representative Tim Roemer,
introduced the Transition to Teaching Act.
I am pleased to stand here today in support of the provisions in this
Omnibus Appropriations Bill, which will provide $34 million over the
next fiscal year to help us recruit quality teachers through the
Transition to Teaching program. This money will allow us to begin to
develop this program to train mid-career professionals who want to
become teachers.
Our bill is intended to help people get the training they need to
become teachers. The funding in this bill will help us move people from
the boardroom to the classroom, from the firehouse to the schoolhouse
or from the police station on Main Street to the classroom on Main
Street.
Under this program, we will encourage professional associations,
business and trade groups, unions and other organizations to follow the
military's example and encourage their retiring employees to become
teachers. Under the bill before us tonight, these groups, along with
institutions of higher learning, would be awarded grants to design a
program, modeled after Troops to Teachers, to train these targeted
individuals to teach our children. The institutions of higher learning
would tailor the program to meet the particular needs of the
professionals who are leaving their previous career to become teachers.
In addition, to help the individuals with the educational cost of
becoming a qualified teacher, the bill provides a stipend of up to
$5,000 per participant. In exchange for the stipend, the individuals
must agree to teach in a high-need school district for at least three
years.
In closing, I would like to thank Mr. Obey, the Ranking Democrat on
the Appropriations Committee, Chairman Young, and Chairman Porter for
their help in funding this important program.
The time is now for us to do more to encourage additional talented
people to consider the call of the classroom. I encourage my colleagues
to support the bill before us.
Mr. EVANS. Mr. Speaker, I rise today in support of this omnibus bill.
I am pleased that after months of hard work, we are prepared to pass a
Balanced Budget Act (BBA) package that will bring long awaited relief
to our nation's hospitals.
It has long been apparent that the savings that have resulted from
the 1997 BBA package have far exceeded expectations. These savings have
been realized at the expense of the health care industry, particularly
hospitals. I have seen the effects of these cuts first hand in the
hospitals of western Illinois, where hospitals are in danger of closing
their doors to those in need. Today, we are taking action to lift this
financial burden from the backs of hospitals. I am particularly pleased
to see that this bill includes provisions to address the unique needs
of rural hospitals.
Of particular importance to patients in Illinois is the increase in
DSH payments to public hospitals who serve a disproportionate share of
Medicaid patients. Without these provisions, the state of Illinois was
poised to lose $500 million per year in federal Medicaid funding. The
inclusion of this provision will allow Illinois' hospitals to continue
their mission of expanding health care services to low income and
underserved populations.
While this bill makes great strides in restoring the cuts made by the
1997 BBA bill, we still have work to do. This year, I have heard from
hundreds of Medicare patients and their health care providers who have
suffered from severe lung and heart disorders and are unable to get the
treatment that they need to restore their health because Medicare does
not cover cardiac and pulmonary rehabilitation.
Evidence is ample that cardiac and pulmonary rehabilitation services
result in increased longevity and quality of life. But even more
telling are the stories that I have heard from cardiac and pulmonary
rehabilitation patients, who are discarding their wheelchairs and canes
to resume the lives they enjoyed before being afflicted with their
conditions. It is for those patients that have not been able to benefit
from these services that I will continue my work in the 107th Congress
to bring this sensible coverage to the Medicare program.
On the whole, this bill will bring meaningful relief to our nation's
health care institutions and move us closer to a day when every
American will have access to affordable, quality care. I am proud to
support this bill.
Mr. KLECZKA. Mr. Speaker, the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000 (H.R. 5561), which passed as
part of the final Omnibus Appropriations package, contains important
provisions (Title III, Section 301) needed by institutions that provide
blood and blood products to the nation's hospitals.
The legislation directs the Health Care Financing Agency (HCFA) to
consider the prices of blood and blood products purchased by hospitals
in the next rebasing and revision of the hospital market basket to
determine if prices are adequately reflected. In addition, the bill
requires that Medicare Payment Advisory Commission (MedPAC) to analyze
the increased hospital costs attributable to new blood technologies and
to recommend necessary changes to provide fair reimbursement.
These provisions are greatly needed because two recent technologies
have been introduced to increase the safety of our nation's blood
supply, Nucleic Acid Testing and Leukoreduction. Nucleic Acid Testing
allows for the early detection of infectious diseases, such as HIV and
Hepatitis C, by detecting the genetic material of the viruses, while
Leukoreduction removes white cells and has the potential to shorten the
severity of the illness and duration of hospital stays for patients who
receive blood.
In its first 15 months of implementation, the nucleic acid test
detected and intercepted four HIV-positive donations and more than 57
Hepatitis C-positive donations. This means that roughly 150 potential
HIV and Hepatitis C infections were prevented, and lives were saved.
While these new technologies are remarkable, these innovations have
significantly increased costs. Nationally, these new blood safety
procedures add approximately 40 percent to the cost of blood.
The purpose of the blood-related provisions in this legislation is to
determine how much of an update increase may be needed to defray these
costs that markedly improve the quality of our blood supply. By
restoring the full inflationary update to the market basket index,
Congress is providing the nation's hospitals with the means to afford
new blood therapies and to ensure that patients are treated with the
safest possible products.
[[Page H12496]]
All Americans deserve the peace of mind of safe blood and blood
products, and I am pleased these provisions were included in the final
Medicare relief package.
Mr. GREEN of Texas. Mr. Speaker, I rise today to voice my opinions on
the Labor-HHS-Education portion of the Omnibus package.
Now that we have reached an agreement on this bill, I suggest that we
take a look at what has changed from the bill that was practically a
``done deal'' in October to the piece of legislation that is before us.
While the overall funding for education has risen approximately $6.5
to $6.6 billion over FY 2000, which would be the largest increase in
education funding ever, funding was cut by over $1.3 billion from the
figures agreed to in the October version of the budget.
The whole Labor-HHS bill was cut approximately $2.5 billion from that
agreement, so over half of the cuts to this bill come from education
funding. Here is a sampling of the final funding levels for education
programs in this bill: $1.2 billion for the School Renovation
Initiative; funding for Head Start is at $6.2 billion, an increase of
$933 million over FY 2000; $851 billion for 21st Century Community
Learning Centers, an increase of $372 million; $1.62 billion for the
Class Size Reduction and Teacher Assistance program; $8.8 billion for
Pell Grants, which would set the maximum award at $3,750, an increase
of $450 from FY 2000; and $295 million for GEAR UP, an increase of $100
million over FY 2000.
While I applaud the increases in education funding that this bill
represents, I am saddened that we have chosen to cut education funding
from the agreement we reached in October 2000. By leaving this
important bill until the final days of the 106th Congress, we have
subjected these programs to more scrutiny than other appropriations,
and have chosen to cut the hopes and dreams of future generations.
Mr. Speaker, while I plan to vote in favor of this bill, I do so with
a heavy heart. I only hope that this Congress is not remembered as the
Grinch that stole the Christmas gift of education that our children
have been waiting for all year long.
Ms. JACKSON-LEE of Texas. I rise mainly to state that I have some
concerns about what is not in the Immigration proposal that we will
vote to add in this final appropriations bill.
The proposed ``V'' nonimmigrant visitor's visa would allow the
spouses and children of lawful permanent residents to live and work in
the United States while they are waiting for a immigrant visa that
would enable them to become permanent residents. This would make a
compassionate change in the law that would unite families that have
been separated by the long waiting lines for immigrant visas.
I am disappointed though that the visa would only be available to
spouses and children who have waited three years or longer for an
immigrant visa. The United States government does not benefit from
keeping these families apart for three years, and it would work a great
hardship on the people in these families.
The bill also provides relief for some other applicants for visas.
For the next three years, it would establish a waiver of certain
grounds of inadmissibility for individuals who are otherwise qualified
for a ``V'' or ``K'' visa and who are already physically present in the
United States. The waiver would apply to inadmissibility on account of
prior unlawful entry or for overstaying as a visitor for more than six
months.
Once again, I welcome a compassionate change in the law, and once
again, I am concerned that the change would not go far enough. The
waiver only applies to people who are already physically present in the
United States. Those bars to admissibility would continue to separate
the families whose foreign members are identically situated in every
respect except that they are outside of the United States.
This bill also has a ``late amnesty fix'' which would provide
assistance for people who were wrongly prevented from applying for
amnesty under the Immigration Reform and Control Act of 1986. This is
good start, but it still misses the mark Mr. Chairman.
Many of the late amnesty applicants already have a court ordered
right to apply for amnesty. We need to do more. We need to change the
registry date.
The ``registry'' provision gives long-time foreign residents who have
been here without proper documents an opportunity to adjust to
permanent status if they have nothing in their background that would
disqualify them from immigrant status. The registry date is currently
set at 1972.
The majority of immigrants who would benefit from updating the
registry date are the late amnesty applicants, but a change in the
registry date also would help other deserving groups such as the 15,000
Liberian nationals in this country who came to the United States ten
years ago because of the civil unrest in Liberia. The situation of the
Liberians is typical of the long time residents of this country who
would benefit from a change in the registry date. They have had
children who are citizens of the United States, purchased homes, and
become upstanding members of American communities. They have fully
assimilated into our society.
If the registry date is not changed, thousands of people will be
forced to abandon their homes, will have to separate from their
families, move out of their communities, be removed from their jobs,
and return to countries where they no longer have ties.
Mr. WELDON of Florida. Mr. Speaker, I am pleased that the bill before
us would add an additional $35 billion to Medicare's budget over the
next five years. As you may recall, the principle reason I voted
against the 1997 Balanced Budget Agreement (BBA) was my concern that
the budget restraints on the Medicare budget included in that bill were
unsustainable. That has proven to be the case and that is why we are
moving forward with legislation to add money to the Medicare budget.
I have cosponsored legislation that would add billions of dollars to
Medicare, and I was pleased to vote for this legislation when it was
before the House a few months ago. I am glad that this bill will also
increase spending on Medicare+Choice HMOs. I have heard from many of my
constituents who are enrolled in these plans and who have become
increasingly concerned about the availability of these plans in their
communities. This funding will help ensure that these plans remain
available to seniors. Given the opportunity to vote separately on this
additional Medicare funding, I would again vote in favor of it.
While I am very supportive of this additional funding for Medicare
and have recently voted in favor of this added funding, I am
disappointed that Congressional leaders and President Clinton have
chosen to lump this provision into a single catchall omnibus bill with
hundreds of billions of dollars in spending and a various unrelated
legislative provisions. This omnibus bill was just finalized earlier
this morning and no one member of Congress is quite sure what is in the
bill.
We do know of several things that are in the bill. Some of these are
troubling. I understand that the omnibus bill would provide a 26
percent increase in funding for programs funded under the Labor, Health
and Human Services (Labor/HHS) Appropriations bill, increasing funding
from $85 billion in fiscal year 2000 to over $111 billion in 2001. This
will result in additional spending of at least $180 billion over the
next ten years for these programs. I also understand that this bill may
have several hundred million dollars in last minute pork barrel
spending. I am concerned that spending this money here will make it
more difficult to find the money needed to pay for Medicare
prescription drugs plans, a tax deduction for health insurance and
long-term care insurance, and other important initiatives.
Also, dropped from the bill is a provision that was adopted by the
Senate and supported by the House on a 250-170 vote. This provision
would have prohibited taxpayer funding from being used to provide the
morning after abortion pill to school age children at school based
health clinics. Without this provision, federally funded school clinics
will be able to distribute morning after abortion pills to 12 and 15
year old children without their parents permission. This undermines the
rights of parents and should not be allowed to continue. It will also
foster promiscuity among teenagers and contribute to the rapid
progression of sexually transmitted diseases among teenagers. It was
wrong to drop this provision due to President Clinton's objections.
This bill also creates a new federal school construction program but
does so in a way that will force school construction in Florida to
increase between 15 and 30 percent. President Clinton insisted that
Florida school construction projects funded under this program be
subject to the more expensive Davis-Bacon, prevailing union wage
requirements. This means that the taxpayers will get 15 to 30 percent
fewer classrooms for the same amount of money. I believe that if the
federal government is going to return tax dollars to Florida, the
people of Florida should determine what rules will apply to school
construction. I could not in good conscience agree to the creation of a
new federal government program under these conditions.
I am also very troubled that the bill before us would cut national
defense spending by $500 million from what was recently enacted into
law. Defense spending is being cut to fund Labor/HHS programs at a time
when our military leaders tell us they do not have enough money to meet
their demands and provide adequate training to our men and women in
uniform.
I am sure that over the next few weeks we will discover additional
objectionable provisions in this bill. It is for the reasons listed
above that I rise in opposition to this bill.
Ms. DeLAURO. Mr. Speaker, I rise in support of the bill, and I want
to thank Chairman Young, Mr. Obey, and Chairman Porter for their
tireless work in getting us, finally, to this
[[Page H12497]]
day. They are not to blame for why it took so long, but they deserve
our thanks for delivering a bill that, while it is not everything I had
hoped, makes a number of critical investments in America's children and
health research.
Because we worked together, this bill will make the largest single
investment in education in a generation, helping reduce class size with
funds to renovate and repair 3,500 schools and to hire 8,000 new
teachers. And it will help prepare those teachers with a more than 50
percent increase in funding for teacher training. These are important
steps toward strengthening America's public schools and make every
classroom a place of learning and discipline.
Child care also receives a tremendous boost with a 70 percent
increase in the Child Care Development Block grant program. By lifting
funding to $2 billion, more families will have access to high quality,
affordable child care. How much more information do we need about the
critical zero to five years of a child's life before we ensure that
EVERY child in America will learn and grow in an enriching child care
environment. By supporting child care in America--and by providing a
nearly $1 billion increase for Head Start--we help ensure that every
child in America gets the right start in life.
The bill before us will also support a number of organizations in my
district that help to make our community stronger and more caring. I am
particularly grateful that the Committee chose to support the efforts
of Connecticut Children's Hospice, which provides much needed help and
care to families and their children in very difficult and tragic times.
And because of a bipartisan commitment to health research, this bill
keeps us on track to doubling research at the National Institutes of
Health with a 14 percent increase this year. That is a tribute to the
members of the subcommittee, and particularly, to our chairman, John
Porter. He leaves behind a great legacy, and I thank him.
We should be proud of the achievements in this bill, but a great deal
of work remains. Even with this record investment, too many children
and families will not have access to high quality child care. Medical
research into chronic disease remains underfunded. Bipartisan
legislation to support school modernization efforts with construction
bonds should be on this floor. Yet I am pleased with the progress we
have made, and I will support the bill. It represents progress, but we
can, and should, do more.
Mr. COMBEST. Mr. Speaker, I concur with the remarks of the gentleman
from Virginia, Mr. Bliley, concerning title II of H.R. 5660, the
Commodity Futures Modernization Act.
It is my understanding as well that nothing in title II of the bill
would: Authorize any bank or similar institution to engage in any
activity or transaction, or hold any asset, that the institution is not
authorized to engage in or hold under its chartering or authorizing
statute; authorize depository institutions either to take delivery of
equity securities under a security futures product or under any other
circumstance, or otherwise to invest in any equity security, otherwise
prohibited for depository institutions; and allow a depository
institution to use single stock futures to circumvent restrictions in
the law on ownership of equity securities under its chartering or
authorizing statute.
Mr. DINGELL. Mr. Speaker, I support H.R. 5660, the Commodity Futures
Modernization Act, despite the curious process that produced this final
version of the bill. The critical investor protection and market
integrity provisions approved overwhelmingly by the House in October
remain intact, making it possible for many Democrats to support this
important legislation.
The fundamental purposes of this bill are to modernize the regulation
of our futures markets, to provide legal certainty for the over-the-
counter derivatives market, and to authorize the trading of security
futures products, consistent with maintaining the innovation,
efficiency, transparency, honesty, and integrity of these vital
markets.
Title I on commodity futures modernization places greater
responsibility on contract markets and execution facilities to regulate
themselves and their members. However, the CFTC is charged with
supervising the exercise of this self-regulatory power in order to
assure that it is used effectively to fulfill the responsibilities
assigned to these organizations and that it is not used in a manner
inimical to the public interest. The Congress intends that the CFTC use
its oversight and enforcement powers to correct self-regulatory lapses
where they occur. Although self-regulation has not always performed up
to expectations, on the whole it has worked well, and we believe it
should be preserved and strengthened under strong CFTC oversight.
Title II creates a coordinated regulatory structure for SEC and CFTC
regulation of securities-based futures. I have significant reservations
about the efficacy and wisdom of single stock futures. These products
will most likely be used by day traders and other speculators and raise
concerns about excessive speculation and excessive volatility in the
underlying securities markets. However, this legislation provides a
strong framework for the prudential regulation of these products. We
intend a high degree of cooperation and coordination between the SEC
and CFTC. With respect to volatility, this bill provides that single
stock futures are subject to the same rules that cover other
securities, including circuit breakers and market emergency rules. With
respect to excessive speculation and leverage, the bill requires that
margin treatment of stock futures must be consistent with the margin
treatment for comparable exchange-traded options. This ensures that
margin levels will not be set dangerously low and that stock futures
will not have an unfair competitive advantage vis-a-vis stock options.
Most importantly, single stock futures are subjected by this bill to
protections to curb the potential for market manipulation, insider
trading, and other fraudulent schemes. We expect these requirements to
be vigorously enforced for the protection of investors and to maintain
the integrity and efficiency of these markets.
One of the most important provisions of the bill, Title III, gives
the SEC antifraud authority over securities-based swap agreements. By
authorizing the SEC to apply Section 10(b) of the Securities Exchange
Act of 1934 to these swap agreements, the bill provides important
additional protections to the vital and dynamic markets for these
instruments. In extending these protections, the bill explicitly makes
rules adopted under Section 10(b) to address fraud, manipulation, or
insider trading applicable to securities-based swap agreements. Thus,
the antifraud rules currently in existence--and those needed in the
future--apply to such swap agreements to the same extent that they
apply to securities. This permits the SEC to use its tested methods to
enhance the protection in theses markets and to respond as necessary to
developments in the future. The bill also explicitly makes judicial
precedent relating to Section 10(b), as well as Section 17(a) of the
Securities Act, applicable to securities-based swaps, to the same
extent as it applies to securities. Thus, for example, cases
establishing theories of liability and private rights of actions will
apply directly to securities-based swaps.
Section 4b is the principal antifraud provision of the Commodity
Exchange Act. It is the intent of Congress in retaining Section 4b in
this bill that the provision be given its broadest reading for the
protection of investors and these markets. Thus, Section 4b provides
the CFTC with broad authority to police fraudulent conduct within its
jurisdiction, whether the transactions are directly with customers or
involve a traditional broker-client relationship, whether occurring in
boiler rooms and bucket shops, or in the e-commerce markets that will
develop under this new statutory framework.
The purpose of Title IV of this bill is clear: to clarify what is
already the current state of the law that the CFTC does not regulate
the traditional array of products that banks have been offering for
years, or in the words of the Gramm-Leach-Bliley statute, identified--
banking products. These products are deposit accounts, savings
accounts, CDs, banker's acceptances, letters of credit, loans, credit
card accounts, and loan participation.
The language of Title IV is very tightly worded. Title IV requires
that, to obtain this bill's exclusion, a bank must first obtain a
certification from its regulator that the identified banking product
was commonly offered by that bank prior to December 5, 2000. This means
that the product was actively bought, sold, purchased or offered--not
just a customized deal that the bank may have done for a handful of
clients. Also, the product cannot be a product that was either
prohibited by the Commodity Exchange Act or regulated by the CFTC.
In other words--a bank can't try to sneak futures contracts out of
regulation by using this provision.
With respect to new products, Title IV is also abundantly clear: the
Commodity Exchange Act doesn't apply to new bank products that are not
indexed to the value of a commodity. Again, the plain language is
clear: Congress' intent is that no bank use this exclusion for products
that are properly regulated under the Commodity Exchange Act.
Lastly, Title IV allows hybrid products to be excluded from the
Commodity Exchange Act if, and only if, they pass a ``predominance
test'' that indicates that they are primarily an identified banking
product and not a contract, agreement or transaction appropriately
regulated by the CFTC. While the statute provides a mechanism for
resolving disputes about the application of this test, there is no
intent that a product which flunks this test not be regulated by the
CFTC.
Finally, I received a letter dated December 14, 2000, from the
Chairman of the New York Mercantile Exchange stating that: ``The New
York Mercantile Exchange has serious concerns regarding provisions . .
. that would
[[Page H12498]]
have the effect of removing energy trades conducted on electronic
trading systems from nearly all public scrutiny and accountability.''
On December 12, 2000, a coalition that includes the Consumer Federation
of America, the Derivatives Study Center, and the Economic Policy
Institute wrote to Members of the Senate and the House, complaining
that this bill ``goes too far in deregulating derivatives markets'' and
``recklessly reduces market protections.'' I want to assure these
groups that I have heard their concerns. The changes made by this
legislation do not need to yield the dire results that they predict. A
great deal will depend on how the law is implemented and enforced by
the federal financial regulators and the self-regulatory organizations.
The importance of these markets cannot be underestimated. It is our
intent, with the passage of this legislation, that these markets be
regulated and supervised in the public interest. It is not the job of
government to protect fools from themselves, but it is the job of
government to protect the rest of us from the dangerous machinations of
fools, knaves and scoundrels. I pledge my vigorous efforts to seeing
that this legislation accomplishes that result.
Mr. BEREUTER. Mr. Speaker, this Member rises today in support of H.R.
4577, the FY 2001 Appropriations for the Departments of Labor, Health
and Human Services, Education and Related Agencies. This Member
strongly supports the funding level for the Medicare, Medicaid, and
State Children's Health Insurance Program (SCHIP) givebacks, the
increase in spending for education, and the tax assistance for
affordable housing.
First, under the Balanced Budget Act of 1997, cuts were made that put
a great deal of stress on many Medicare and Medicaid providers,
particularly in rural areas. In a predominately rural state, such as
Nebraska, a growing elderly population greatly relies upon the services
Medicare and Medicaid reimburse. Hospitals and other health service
providers throughout my district have been in constant communication
with my office describing the financial stress that they have been put
under as a result of these cuts. This Member strongly supports the
``givebacks'' provided in the bill that will not only shore up the
financial stability of our health service providers but also extend the
benefits that Medicare will be able to provide our senior population as
a result of its enactment.
Second, this Member supports the $44.5 billion that the bill provides
for education spending. This is a $6.5 billion increase over last
year's education funding level and is $2 billion more than the
President's request. Specifically, this Member supports the $1.34
billion increase in special education grants, the $994 million
allocated for Impact Aid, and the increase in the funding level for
Pell grants.
However, the Member believes we are setting a bad precedent by
beginning grant programs for school modernization. Obviously, this
money can be well used by a number of school districts; however,
funding public school buildings and renovation is a responsibility of
states and local school districts and not the Federal Government. Once
we start funding school renovation, this effort could possibly extend
to construction of new schools with no end expected. The Federal
Government thus would provide a reward for those states who have not
kept up with their responsibilities for their school buildings;
sometimes because they lack the will to raise the revenue locally. The
school districts in my state and many others have generally met their
responsibilities and should not be expected to have resources from
their Federal income taxes subsidize states and school districts that
are not meeting their responsibilities.
Mr. Speaker, the funding of public elementary and secondary schools,
under the U.S. Constitution, is primarily the responsibilities of the
states. We should not start this Federal grant program.
Lastly, this Member supports the essential tax assistance for
affordable housing in this legislation. In particular, the measure
increases the highly successful Federal Low Income Housing Tax Credit
from $1.25 per capita to $1.75 per capita in 2002. This tax credit
provides an essential incentive to developers to construct affordable
housing. In addition, this legislation increases the Private Activity
Bond Cap from the current $50 per capita to $75 per capita and it
increases the small state bond cap limit from $150 million to $225
million in 2002. The private activity bond cap in Nebraska provides tax
exempt financing for, among other things, single and multifamily
housing.
Mr. Speaker, for these reasons and others, this Member encourages his
colleagues to support H.R. 4577. The measure provides a necessary
increase in the essential services upon which so many Nebraskans and
others throughout the country rely.
Mr. LEACH. Mr. Speaker, last year, after nearly two decades of work,
the U.S. Congress passed the Financial Modernization Act to bring our
nation's banking and securities laws in line with the realities of the
marketplace. Today, an analogous opportunity presents itself to
modernize the Commodity Exchange Act (CEA) that governs the trading of
futures and options.
The important role of the over-the-counter derivatives industry in
the historic economic expansion of the last decade is largely
unchronicled. These contracts, which allow manufacturers, multi-
national corporations, energy producers, governments and others to
hedge themselves against the risk of financial calamity, ensure that
unforeseen market movements do not bankrupt business and thus constrain
economic productivity.
Because of anachronistic constraints established under the CEA,
however, legal uncertainty exists for trillions of dollars of existing
contractual obligations.
The issue facing the Congress has been whether an appropriate
regulatory framework can be established to deal not only with certain
problems that confront today's risk management markets, but new
dilemmas that appear to be on the horizon. The compromise language
before us today as a part of this appropriations bill largely
accomplishes our goals.
The fact is that the Commodity Exchange Act (CEA) is an awkward
legislative vehicle designed in an era in which financial products of a
nature now in place were neither in existence, nor much contemplated.
Indeed, the Commodity Futures Trading Commission (CFTC) was
fundamentally designed to supervise agriculture and commodities
markets, not financial institutions.
Legislation of this nature involves different committees with
different concerns and sometimes-competitive jurisdictional interests.
From the Banking Committee's perspective, I would like to make clear my
respect for the work of the Agriculture Committee, led by Chairmen
Combest and Ewing, which produced a bill that reflected a credible way
of dealing with the concerns that had developed during much of the last
decade as derivatives-related products have grown.
Nonetheless, the Banking Committee in July adopted on a bipartisan
manner a number of clarifying amendments, and this fall the House
approved H.R. 4541 with only a handful of dissenting votes. After
continued negotiation, involving the other body and the Administration,
further modifications have been made to the legislation to provide an
even greater level of assurance that over-the-counter derivatives will
continue to be a vital part of America's financial innovation and
continued success.
The legislation will ensure that most over-the-counter derivatives
offered by banks and other financially sophisticated parties are legal
and enforceable. It provides that these contracts will be allowed to be
negotiated via new means of electronic commerce. While retaining the
role of the Federal financial regulators, it will allow these new
contracts to be offered, sold and cleared without having to jump
through new, unwarranted bureaucratic processes.
While this legislation represents a great leap forward there remain
issues that will require the further scrutiny and due diligence of this
body and it will be necessary to closely monitor the application of
this bill, with a mindful eye on further innovation, to ensure that the
genius of our financial services industry is not again restricted by
outdated and overly burdensome laws.
In this regard, H.R. 5660 contains several provisions which require
further clarification. Title II of the legislation empowers the
Securities and Exchange Commission (SEC) to regulate certain
securities-based futures contracts. It is important to note that
excluded from the definition of ``security future,'' contained in
section 201 of the legislation, and thus from the jurisdiction of the
SEC, are contracts excluded from the Commodity Exchange Act under
section 2(c), (d), (f) and (g) of that Act, and those products excluded
under Title IV of the Commodity Futures Modernization Act of 2000.
These exclusions are intended to clarify that over-the-counter
derivatives transactions among eligible contract participants related
to the prices of securities are outside the jurisdiction of the SEC,
and the SEC is not to use the new authority granted the agency by this
act to attempt to regulate over-the-counter derivatives activities. The
jurisdiction granted the SEC by this Act, like that granted to the
Commodity Futures Trading Commission (CFTC) under the Commodity
Exchange Act, is limited to transactions conducted on organized
exchanges otherwise regulated by the respective agency. Over-the-
counter derivatives transactions offered by banks and other highly
sophisticated end users remain outside the jurisdiction of the SEC.
Additionally, Title III of the act contains further limitations on
the authority of the SEC with respect to the jurisdiction of that
agency related to swap agreements. As Title III makes clear, ``security
based swap agreements'' are not securities, and the SEC is prohibited
from regulating them as such.
[[Page H12499]]
In general, it should be clear that nothing in this legislation is
intended to permit the SEC to regulate equity securities derivative
transactions entered into by banks. The exclusions from the definition
of ``security future,'' as well as Title III, are designed to ensure
that the regulatory reach of the SEC is limited to entities over which
the securities laws explicitly require registration. Banks have been
engaging in equity related derivatives for well over a decade, under
the supervision of the appropriate banking regulators. Nothing in this
legislation is intended to alter that regulatory structure, nor to
place new regulatory burdens on banks.
A separate matter which requires attention is the treatment to be
afforded ``principal-to-principal'' transactions. Section 101 of the
legislation contains a definition of ``organized exchange'' which
incorporates this ``principal-to-principal'' concept. Under this
legislation, whether an entity is an organized exchange or not has
ramifications as to whether the entity might be regulated by the CFTC
and, in some cases, the SEC. Additionally, sections 103, 106, 202, and
402 of the legislation utilize this ``principal-to-principal'' concept
in providing exemptions and exclusions from the jurisdiction of the
CFTC and SEC.
A ``principal-to-principal'' transaction includes any transaction
whereby a party to the transaction books the transaction for the
party's own account. It includes ``riskless principal'' transactions,
whereby one party enters into a transaction and thereafter or
contemporaneously enters into an offsetting transaction so that the
risk or payments under the transactions net out. The fact that the
party has entered into off-setting transactions in no way alters the
``principal-to-principal'' nature of the transaction, and any party
that has entered into a ``riskless principal'' transaction may be
assured that its contracts remain legally enforceable and excluded or
exempted from the jurisdiction of the CFTC and/or SEC, as applicable.
A final matter which deserves attention is the definition of
``trading facility'' contained in section 103 of the legislation.
Whether an entity is a ``trading facility'' has ramifications as to
whether or not the entity might be regulated by the CFTC and/or the
SEC. It should be made clear that the definition of ``trading
facility'' is not to be construed so broadly as to include existing and
developing electronic systems which permit parties to negotiate and
enter into over-the-counter derivatives transactions.
For instance, Derivatives Net Inc., which maintains the ``Blackbird''
electronic trading system, operates a facility whereby parties may meet
in a centralized electronic forum to conduct over-the-counter
derivatives transactions. The swap agreements entered into by
participants entered into on this system are themselves excluded from
the jurisdiction of the CFTC, and will remain excluded from the
jurisdiction of the SEC under the new powers granted that agency under
this bill. Nothing in the definition of ``trading facility,'' nor
anything else in this legislation, is intended to provide authority to
either the CFTC or the SEC to exercise jurisdiction over entities such
as Blackbird.
Mr. Speaker, I congratulate all who worked from so many different
perspectives to develop this landmark legislation and urge its passage.
Mr. CONYERS. Mr. Speaker, I rise in opposition to this piece of
legislation because, among other things, it fails to correct some of
the most basic inequities in our immigration code. For months, we have
worked to obtain passage of the Latino and Immigrant Fairness Act.
Unfortunately, the Republican Leadership has been held hostage by a
small group of anti-immigrant members within their caucus.
The result of the Presidential election has hardened this groups'
determination to keep immigrants, particularly people of color, out of
this country. If this is the spirit of compassionate conservatism and
bipartisanship we have to look forward to under a Republican
Administration, then I am not at all impressed.
First, we sought to establish legal parity among Central American,
Liberian and Carribean refugees--so that all refugees that fled
political turmoil in the 1980s and early 1990s are treated the same. In
1997, the Republicans gave the ``right'' type of immigrants--Cubans and
Nicaraguans--immigration relief, leaving behind immigrants from other
countries who did not have the same political influence.
The Republicans have completely refused to even meet in good faith to
discuss the issue.
Second, we sought to update what's known as the ``registry'' date, so
that all immigrants who have lived in this country since 1986 qualify
to remain here. This provision would have helped people who were
eligible under the Reagan era legalization program but were improperly
denied permanent residency by the INS in the late 1980s. It also would
have reinforced our long held belief that long time immigrants in
America should be given the opportunity to solidify their families and
economic stability by becoming permanent residents.
The Republicans begrudgingly have agreed to help only a small class
of people who have lived in the United States since 1982 and are
covered by a class action suit.
Third, we sought to restore section 245(i) of the Immigration Act.
This would let all immigrants who have a legal right to seek permanent
resident status to stay in this country with their families while they
await a decision. Because Congress failed to extend section 245(i) in
1997, families who have a right to be together here in the United
States are being torn apart for up to 10 years.
Instead of restoring section 245(i), the Republicans have merely
agreed to re-authorize section 245(i) for four months from the date
this bill is enacted.
Fourth, we sought inclusion of H.R. 5062, legislation which had
bipartisan support and passed the House under suspension of the rules.
The bill was a modest step towards addressing the most widely
recognized injustices of the overly harsh 1996 law, and in particular,
eliminating the retroactivity of the 1996 law's deportation
legislation.
After reaching an agreement on these provisions, the Republicans
caved to anti-immigrant members of their caucus, and refused to include
any part of H.R. 5062 in this legislation.
Finally, and most offensive to me, there appeared to be bipartisan
agreement to include certain technical fixes to the 1997 Nicaraguan
Adjustment and Central American Relief Act and the 1998 Haitian Refugee
Immigration Fairness Act. These provisions would not have allowed into
the country a single person that Congress intended to cover in the
original bills.
The Republicans have agreed to provide relief to affected Central
Americans but have refused similar assistance to Haitian refugees.
There is no principled, intellectual or rational reason for not
assisting Haitians and other persons of color who were originally
covered by the 1998 legislation.
One of the greatest measures of our Nation's strength is the
diversity of our people. If we look above us we see inscribed our
national motto--e pluribus unum--``Out of many, one.'' It reminds us
that we are a Nation of immigrants. Because this bill fails to uphold
the principles that are most dear to us as a Nation, I must oppose this
legislation and will continue to seek a fairer and more decent piece of
legislation--it is long overdue.
Mr. CLAY. Mr. Speaker, I rise in support of this historic $6.5
billion increase in education spending and several important
initiatives included in this conference report. While I am disappointed
that the Republican leadership insisted on reducing the amount of
education funding in an earlier bipartisan deal reached in late
October, this conference report still provides significant increases
for programs that serve some of our most vulnerable populations.
I want to start by highlighting the inclusion of the $1.2 billion
school modernization initiative. Modeled after the proposal announced
by President Clinton in his last State of the Union address and a bill
I introduced earlier this year, this initiative will provide much
needed assistance to renovate and repair our crumbling and overcrowded
public schools. This proposal will provide $900 million for school
renovation and $300 million for technology and special education costs.
I have long known that the Federal Government has a very important role
to play in ensuring that our children do not learn in crumbling and
overcrowded schools with health and safety violations. The enactment
and funding of this proposal shows that Congress as a whole finally
recognizes the importance of a Federal role in this area.
The need for this program is well documented. From GAO's 1995 report
which found $112 billion in school construction needs to a recent
analysis by the National Education Association, which found over $300
billion in renovation needs, our schools, and in turn our children, are
suffering in outdated buildings which are in a state of horrible
disrepair.
I also want to express by support for continued funding of the
Clinton/Clay Class Size Reduction Program. This initiative, first
enacted in the 1999 Omnibus Appropriation package, has helped
communities hire close to 38,000 teachers to reduce class size in the
early grades. This year's increase of $323 million over last year will
approximately 8,000 additional fully qualified teachers to be hired--
reducing class size for thousands of young children. Nothing in our
educational system can substitute for the individual attention a child
receives in a small class from a fully qualified teacher.
This Appropriations Conference Report also provides much needed
increases for other vital education programs. The cornerstone of our
Federal education effort, Title I, will receive a $661 million increase
over last year. After-school programs, through the 21st Century
Community Learning Centers Program, will receive a $393 million boost
over last year. Also, the Eisenhower Professional Development Program
and other teacher quality
[[Page H12500]]
initiative will receive nearly $200 million in additional funding.
I am pleased that this bill recognize that the Federal Government
has an active and vital role in helping improve education--a reality
that I have been advocating throughout my time in Congress. This
legislation represents what I hope will be a continued effort to expand
and enhance the role of the Federal Government in a way that ensures
educational excellence for all our school children.
Mr. WELLER. Mr. Speaker, than you for this opportunity to offer my
support and thanks for a provision included in H.R. 5662 which extends
the existing brownfields cleanup tax incentive through January 1, 2004,
and removes the targeting requirement. My colleagues Nancy Johnson,
Bill Coyne and I have worked hard to ensure that the current law tax
provision be extended and made eligible for brownfield cleanups in all
communities across the nation. I am pleased that we have accomplished
this in this bill and I urge my colleagues to support this legislation.
Brownfield sites exist throughout our districts--abandoned eyesores
that blight our communities and drag down local economies. Many
brownfield properties are located in prime business locations near
critical infrastructure, including transportation, and close to a
productive workforce. These sites need to be put back into productive
use, contributing to the economy and producing good paying jobs where
they are needed most.
The first step towards doing this is to remediate these sites
environmentally. This U.S. Conference of Mayors estimates that there
are over 400,000 brownfields sites across the country. We clearly
should not limit the treatment of Section 198 to merely targeted areas.
Development of these sites will help restore many blighted areas,
create jobs where unemployment is high and ease pressure to develop
beyond the fringes of communities. Small, urban centered businesses
often benefit most directly by this redevelopment. Currently, many of
these brownfield sites do not meet the existing targeting requirements
and are not cleaned up because they cannot take advantage of the
Section 198 brownfields expensing provision. U.S. EPA estimates that
the existing provision will ultimately clean-up only 14,000 brownfields
nationwide, but GAO estimates that more than 420,000 brownfields exist.
Clearly, the current provision needs to reach further into our
communities. I am pleased that H.R. 5662 will solve this problem.
By expanding the existing provision, more disadvantaged communities
in urban, suburban and rural areas can take advantage of the expensing
provision and revitalize their brownfield sites. This would offer
important economic and environmental improvements for these
communities. The U.S. Conference of Mayors recently completed a survey
of 187 large and small cities throughout the Nation, including Chicago,
Houston, New York and Miami. According to the responses to this survey,
the 187 cities estimated that if their 21,000 existing brownfield sites
were redeveloped, this would bring additional tax revenues of up to
$2.4 billion annually and could create up to 550,000 jobs. In Chicago
alone, developing 2,000 brownfield sites would mean $78 million in
additional tax revenue to the city and 34,000 new jobs.
Mr. Speaker, I applaud the inclusion of this provision in H.R. 5662
which will extend the existing brownfields expensing provision through
January 1, 2004, and remove the targeting requirement. This provision
is pro-environmental and pro-community legislation and I urge my
colleagues to support this legislation.
Mr. BARCIA. Mr. Speaker, I am extremely pleased that H.R. 828, the
Wet Weather Water Quality Act of 2000, has been included in this
measure. I would like to thank Chairman Shuster, Ranking Member
Oberstar and my Subcommittee Chairman Mr. Boehlert, and Ranking member
Mr. Borski for their support and dedication in moving this important
legislation forward. H.R. 828 enjoys strong, national bipartisan
support, with almost 70 cosponsors.
As the primary sponsor of H.R. 828, I am pleased to have played a
role in halting and reversing the Federal Government's decade-long
disinvestment in municipal water quality infrastructure needs
nationwide. While the funding this important legislation calls for will
be helpful, it is only a start given the immense water quality
infrastructure needs that we face as a nation. My hope is that the
107th Congress will continue to address this critical issue which
affects all Americans--in as strong a bipartisan manner as we witness
today in passing H.R. 828 as part of the last Act of the 106th.
In addition to authorizing infrastructure funding for CSO and
Sanitary Sewer Overflow control programs nationwide, H.R. 828 also will
codify EPA's 1994 National Combined Sewer Overflow Policy. This is a
step that has been proposed by both sides of the aisle since 1995. I am
pleased it will become a reality today. The National CSO Policy
provides a proven roadmap for America's communities with combined
sewers to follow as they strive to implement CSO controls. It offers
important flexibility for CSO communities to develop individually
tailored control programs. In addition to the reasonable amount of time
to implement CSO controls that is implicit in the Act, it will also
require EPA to complete an important guidance document on the required
step of developing, as appropriate, wet weather designated uses and
water quality standards to be achieved by CSO control programs.
This important Act marks the first time that the Clean Water Act will
speak to the issue of CSO control--a major environmental problem and
challenge in my district, the Great State of Michigan, and in 34 states
nationwide. In taking this bold step, Congress has set out nation on a
course to finally resolve sewer overflow problems which have persisted
in our nation for more than one hundred years.
Mr. BONIOR. Mr. Speaker, today's education funding bill will repair
crumbling schools, hire 8,000 new teachers, open 3,100 new after school
centers, and help send 100,000 more needy students to college.
For students in Macomb and St. Clair Counties, we are providing
$850,000 for our school districts to develop after-school programs. The
network of ``Kids Klubs,'' as they are known, in our community provides
a safe-haven for our children and a great service for our families. For
schools which need repair, this bill provides $1.2 billion to renovate
1,200 schools nationwide. We also continue our commitment to reducing
class size in the early grades and making schools safer by providing
$1.6 billion to hire new teachers. Further, our bill will increase
federal funding for financial aid by 15%--including raising the maximum
Pell Grant award to $3,750.
The enactment of this historic bill, renews our commitment to our
students, teachers and families--the pillars of our community, and the
pillars of our future.
Mr. MOAKLEY. Mr. Speaker, at long last, the end is in sight. Today's
Omnibus Appropriations bill contains all the major unfinished business
remaining this session. It contains the Labor-Health and Human Services
Appropriations bill the Commerce-Justice-State Appropriations changes
the Legislative Branch Appropriations bill. The Treasury-Postal
Appropriations bill, the reform of the Commodities Exchange markets,
the balanced budget amendment fix for Medicare, the new market
initiative and a whole lot else.
In fact the bill is right here next to me on the desk. I hear the
three people who carried it up here are in traction. But, despite its
size all in all. I am pleased with the bill and I congratulate my
colleagues for their hard work. However, Mr. Speaker, I want to point
out one major problem in this bill the Low Income Home Energy
Assistance Program, or LIHEAP.
Although the bill includes $1.4 billion for LIHEAP funding in this
fiscal year, it cuts the advanced appropriations for next fiscal year.
Mr. Speaker, hundreds of thousands of Massachusetts residents, not to
mention millions of other Americans, rely on LIHEAP to help heat their
homes during the freezing winter months. If the advanced funding is
cut, states will be unable to get their programs in place before the
cold hits and millions of Americans could be faced with the horrible
choice between heating their homes and putting food on the table.
Mr. Speaker, no one should have to make that choice and if we wait
too long to pass this funding, they might have to. I certainly hope
appropriations will include full funding for LIHEAP during next year's
appropriations debate. Americans everywhere are facing record high fuel
prices and they are looking to Congress to do the right thing.
Mr. LARGENT. Mr. Speaker, I want to offer my strong support for those
provisions of H.R. 4577 that send much needed relief to the Medicare
program. By passing this legislation, Congress will improve health care
for millions of Americans by strengthening Medicare, Medicaid, and the
Children's Health Insurance Program (S-CHIP).
Over three years ago, Congress made important changes to the Medicare
and Medicaid programs when the Balanced Budget Act of 1997 was passed
and signed into law. At the time, the Medicare program was facing
bankruptcy and changes were needed to keep this vital program for our
Nation's seniors.
As those changes were implemented, many hospitals, home health
facilities, and outpatient health service professionals expressed
concerns to me about low reimbursements from HCFA for their services.
In response to those concerns, Congress passed legislation last fall,
the Balanced Budget Refinement Act (BBRA), to fix some of the
unintended consequences of the BBA by returning some $16 billion to
hospitals and other providers.
Throughout this year, I have received considerable feedback from
hospitals, home health care companies, and nursing home providers
concerned that BBRA did not go far enough in adjusting current
reimbursement
[[Page H12501]]
rates. I have been closely watching these developments and have urged
my fellow members of Congress to support this important legislation.
In particular, I am pleased with several of the legislation's
important provisions, including those addressing the Medicare+Choice
program. The Medicare+Choice program was created as part of the 1997
Balanced Budget Act to increase health care options for Medicare
beneficiaries by allowing them to enroll in private plans, such as HMOs
or PPOs. While the majority of beneficiaries remain in the traditional
fee-for-service Medicare, enrollment in managed care plans has grown in
recent years. Many seniors enrolled in Medicare+Choice have come to
enjoy greater benefits than traditional Medicare such as prescription
drug coverage, eyeglasses, and dental care.
Unfortunately, the Medicare+Choice program has been grossly
mismanaged and underfunded by the Health Care Financing Administration
(HCFA). In the last year alone, 41 plans terminated service to Medicare
beneficiaries in 58 service areas, forcing 327,000 seniors to choose a
new plan or to move back into traditional Medicare.
Fortunately, the legislation before us today will send billions of
dollars to the Medicare+Choice program. Much of this new funding will
be directed toward raising the minimum ``floor payment,'' which will
greatly aid Oklahoma's rural areas that have been most affected by low
reimbursement rates.
Additionally, I am pleased to see increased funding for our community
health centers and hospitals. This will also particularly benefit
Oklahoma's rural areas and areas with large uninsured populations.
I also support increasing drug coverage for patients with life
threatening diseases. Congress worked hard last year to ensure that we
committed funds in the Balanced Budget Refinement Act to extend
coverage of immunosuppressive drugs for Medicare patients beyond the
previous 36 month time limit. We all know how important these drugs are
to persons with organ transplants. I do not believe it is a wise policy
to cut them off from the coverage. I'm delighted that this legislation
removes the time limitation on immunosuppressive drug coverage.
Furthermore, many of Oklahoma's seniors lack adequate access to first
rate medical facilities because they live in areas that are medically
underserved. Innovative health delivery and education programs using
telemedicine can go a long way to addressing those unmet needs. I am
pleased that we are able to incorporate provisions in this legislation
that allow for Medicare reimbursement of telehealth services in certain
settings. I believe these provision will have a positive impact on the
delivery of health care to Oklahoma seniors.
The American people can be proud of the hard work that has gone into
the product we have today. It's a good bill, that not only makes health
coverage for all seniors more affordable, but improves health care for
millions of Americans. Today, I am proud to see Congress and the
Administration put politics aside and come together to support these
important programs.
Mr. BLILEY. Mr. Speaker, as you know, H.R. 5660, the Commodity
Futures Modernization Act of 2000, is incorporated by reference into
the conference report to accompany H.R. 4577, the Departments of Labor,
Health and Human Services, Education, and Related Agencies
Appropriations Act for 2001. In order to clarify the legislative
history of this legislation, I want to clarify some of the language of
this legislation.
It is my understanding that nothing in title II of the House bill
would authorize any bank or similar institution to engage in any
activity or transaction, or hold any asset, that the institution is not
authorized to engage in or hold under its chartering or authorizing
statute; authorize depository institutions either to take delivery of
equity securities under a security futures product or under any other
circumstance, or otherwise to invest in any equity security, otherwise
prohibited for depository institutions; or allow a depository
institution to use single stock futures to circumvent restrictions in
the law on ownership of equity securities under its chartering or
authorizing statute.
Mr. MURTHA. Mr. Speaker, there is no more important part of this
year's final budget negotiations than the provisions we debate today on
Medicare reimbursement levels.
This debate is not about dollars or statistics. It's about the toll
that past cutbacks have taken on our health care system.
I've visited with hospital CEO's and workers throughout Western
Pennsylvania and seen their frustration at not being able to provide
the full care their patients need. I've gone on home health care visits
where citizens simply can't understand the cutbacks that make it harder
for them to stay in their homes. I've exchanged emails with families of
organ transplant recipients who can't understand why immunosuppressive
drugs are only covered for a limited time period. And in our largely
rural area, I've spoken with citizens who are concerned about the loss
of their neighborhood hospital, who fear a longer trip to an emergency
center that can literally mean the difference between life and death,
and who can't understand why the health care professionals at area
hospitals are so stretched and lacking Medicare support.
People understand that we have the finest health care system in the
world and the finest-trained professionals. But we must not hinder that
system--we must provide the support that allows those professionals to
do their jobs fully. The Medicare relief legislation helps to move us
toward that goal.
In no area more than health care does our debate need to be
nonpartisan and goal-oriented. Today's bill is not the end of the
fiscal battle for Medicare; we will need further steps. Let us not
assign blame, but rather let us aim at streamlining the increasingly
complex health care system, at providing the support needed by our
medical professionals. Let's build on this step in the coming months to
expand health care coverage, preventive care coverage in Medicare and
make sure Senior Citizens can afford their prescription drugs,
streamline the paperwork bureaucracy, and get health care decision-
making back into the hands of the patients and medical professionals.
We have more to do--on reimbursements and on health care overall--but
this Medicare reimbursement improvement provides a key step in the
right direction, a step we can build on, and a step toward the
partnership we need to assure that all Americans, of all ages, have
access to the full health care they need. Moreover, it's a step toward
creating the partnership we need with our hospitals, home health care
personnel and other medical care providers to help our citizens receive
quality health care and have a better quality of life.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I would like to take this
opportunity to express my appreciation to the Clinton Administration,
House and Senate Leadership for working to finally complete the
business of the 106th Congress. This bill before the House will provide
appropriations for several separate appropriations bills, which have
been combined to speed their adoption into law.
In my testimony to the Appropriations Subcommittee on Labor/HHS, I
urged the committee to increase the funding for children's mental
health services, which they have done through the appropriation of a
Mental Health Block Grant program in the amount of $420 million, $63
million more than last year's funding.
As for my request for additional funding for HIV/AIDS this
appropriation measure will place an additional $97 million over the
amount initially requested by the Administration bringing their
appropriation to $767 million for Fiscal Year 2001. It is my hope that
this additional funding will go to those who are in greatest need
minority HIV/AIDS programs. Minority AIDS programs have been woefully
under funded over the last few Congresses, despite the fact that
minorities are the fastest growing population infected with AIDS/HIV.
I thank the Clinton Administration for taking the bold step of
formally recognizing that the spread of HIV/AIDS in the world today is
an international crisis, through his declaration of HIV/AIDS to be a
National Security threat.
I am pleased to see that funding for the Ryan White AIDS program has
been increased by 13 percent to $2.5 billion for the next fiscal year.
Further, funding for the National Institutes of Medicine has been
increased to $2.4 billion, which is 14 percent over last year's
appropriations.
Over 13 million children suffer form mental health problems. The
National Mental Health Association reports that most people who commit
suicide have a mental or emotional disorder. The most common is
depression and although one in five children and adolescents has a
diagnosable mental, emotional, or behavioral problem that can lead to
school failure, substance abuse, violence or suicide, 75 to 80 percent
of these children do not receive any services in the form of specialty
treatment or some form of mental health intervention.
This bill will also fund education for our nation's children at $6.5
billion, which is 18% more than was appropriated last year, and is in
fact the largest annual increase in the history of the Department of
Education.
This legislation will allow school districts throughout the United
States to work on reducing class sizes in the early grades, create
small, successful, safer schools, renovate over 3,500 schools, and
increase the number of children who have access to Head Start by an
additional 600,000.
This bill also incorporates the Fiscal Year 2001 appropriations for
the Department of Labor at $664 million or 64 percent over last year's
funding.
I am very pleased to see that the funding for the Health and Human
Services Department is at $48.8 billion, which is $6.6 billion over
[[Page H12502]]
year's appropriations. After the years of cuts to this vital program
today we are finally recognizing that the health safety and welfare of
America's disadvantaged should be addressed with adequate resources by
the agency charged with providing care to them.
Many Houstonians' lives were saved by the additional funding from
LIHEAP and this appropriations will provide $1.4 billion for the coming
year.
I thank my colleagues and urge them to support this appropriation
measure.
Mr. PORTER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Pease). Without objection, the previous
question is ordered on the conference report.
There was no objection.
The SPEAKER pro tempore. The question is on the conference report.
Pursuant to clause 10 of rule XX, the yeas and nays are ordered.
The vote was taken by electronic device, and there were--yeas 292,
nays 60, not voting 80, as follows:
[Roll No. 603]
YEAS--292
Abercrombie
Allen
Andrews
Archer
Armey
Baca
Bachus
Baird
Baldacci
Baldwin
Barcia
Barrett (NE)
Barrett (WI)
Bass
Becerra
Bentsen
Bereuter
Berkley
Berry
Biggert
Bilirakis
Bishop
Blagojevich
Bliley
Boehner
Borski
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (OH)
Bryant
Burr
Buyer
Camp
Canady
Capps
Capuano
Cardin
Carson
Castle
Chambliss
Clayton
Clement
Clyburn
Coble
Collins
Combest
Condit
Cooksey
Costello
Coyne
Cramer
Crowley
Cubin
Cummings
Cunningham
Davis (FL)
Davis (IL)
Davis (VA)
DeGette
DeLauro
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Doggett
Doolittle
Doyle
Dreier
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Etheridge
Evans
Ewing
Fletcher
Foley
Ford
Fossella
Fowler
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gephardt
Gibbons
Gilchrest
Gilman
Gonzalez
Goode
Goodling
Gordon
Goss
Green (TX)
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Hastert
Hastings (WA)
Hayes
Hill (IN)
Hilleary
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Hooley
Horn
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Isakson
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson, E.B.
Jones (OH)
Kanjorski
Kaptur
Kasich
Kelly
Kennedy
Kildee
Kilpatrick
King (NY)
Kleczka
Knollenberg
Kuykendall
LaHood
Lampson
Larson
LaTourette
Lazio
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lowey
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Maloney (NY)
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McGovern
McHugh
McIntyre
McNulty
Meehan
Meeks (NY)
Menendez
Miller (FL)
Minge
Mink
Moore
Moran (KS)
Morella
Murtha
Myrick
Nadler
Neal
Nethercutt
Ney
Northup
Nussle
Obey
Olver
Ose
Owens
Oxley
Packard
Pallone
Pascrell
Pastor
Payne
Pease
Peterson (MN)
Petri
Phelps
Pickering
Pomeroy
Porter
Pryce (OH)
Quinn
Rahall
Ramstad
Rangel
Regula
Reyes
Reynolds
Rivers
Rodriguez
Roemer
Rogan
Rothman
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schakowsky
Scott
Serrano
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Simpson
Sisisky
Skeen
Skelton
Slaughter
Smith (TX)
Spence
Spratt
Stabenow
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Talent
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Tiahrt
Tierney
Towns
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Visclosky
Wamp
Watkins
Watt (NC)
Watts (OK)
Weiner
Weldon (PA)
Weller
Wexler
Weygand
Whitfield
Wilson
Wise
Wolf
Woolsey
Wu
Wynn
Young (AK)
NAYS--60
Aderholt
Barr
Bartlett
Barton
Blunt
Boswell
Burton
Cannon
Chabot
Chenoweth-Hage
Cook
Cox
Crane
Deal
DeFazio
DeLay
DeMint
Duncan
Frank (MA)
Goodlatte
Graham
Granger
Green (WI)
Hayworth
Herger
Hoekstra
Hostettler
Inslee
Johnson, Sam
Jones (NC)
Kind (WI)
Kingston
Kucinich
Manzullo
Metcalf
Paul
Pitts
Pombo
Radanovich
Riley
Rohrabacher
Royce
Ryan (WI)
Ryun (KS)
Salmon
Sanford
Sensenbrenner
Sessions
Smith (MI)
Smith (NJ)
Smith (WA)
Stark
Stearns
Tancredo
Terry
Thurman
Toomey
Vitter
Weldon (FL)
Wicker
NOT VOTING--80
Ackerman
Baker
Ballenger
Berman
Bilbray
Blumenauer
Boehlert
Bonilla
Bonior
Bono
Brown (FL)
Callahan
Calvert
Campbell
Clay
Coburn
Conyers
Danner
Delahunt
Dooley
Eshoo
Everett
Farr
Fattah
Filner
Forbes
Gejdenson
Gillmor
Gutierrez
Hansen
Hastings (FL)
Hefley
Hill (MT)
Hobson
Holt
Houghton
Klink
Kolbe
LaFalce
Lantos
Largent
Latham
Lofgren
McDermott
McInnis
McIntosh
McKeon
McKinney
Meek (FL)
Mica
Millender-McDonald
Miller, Gary
Miller, George
Moakley
Mollohan
Moran (VA)
Napolitano
Norwood
Oberstar
Ortiz
Pelosi
Peterson (PA)
Pickett
Portman
Price (NC)
Rogers
Ros-Lehtinen
Sanchez
Sandlin
Scarborough
Schaffer
Shadegg
Shuster
Snyder
Souder
Walden
Walsh
Waters
Waxman
Young (FL)
{time} 1839
Mr. TERRY and Mr. BURTON of Indiana changed their vote from ``yea''
to ``nay.''
So the conference report was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. BONIOR. Mr. Speaker, on rollcall No. 603, I was not able to vote
on this important legislation because of my son's college graduation.
Had I been here, I would have voted ``yea'' because of the dramatic
increases for public education.
Ms. BROWN of Florida. Mr. Speaker, on rollcall No. 603, had I been
present, I would have voted ``yea.''
Mr. DOOLEY of California. Mr. Speaker, I was unavoidably detained
during the vote on the conference report on H.R. 4577 on December 15,
2000. Had I been present, I would have voted ``yea'' on the measure.
Mr. PORTMAN. Mr. Speaker, because I was unavoidably detained, I was
absent for rollcall vote No. 603. Had I been present, I would have
voted ``yea.''
Mr. WALDEN of Oregon. Mr. Speaker, I regret that I was not able to be
present for the rollcall vote on H.R. 4577, the FY 2001 Labor, Health
and Human Services, and Education Appropriations bill on December 15,
2000. Unfortunately inclement weather prevented me from returning to
Washington, DC. Had I been present for this vote, I would have voted
``yea.''
Stated against:
Mr. FILNER. Mr. Speaker, on rollcall No. 603, I am on ``leave of
absence'' for the week of December 11. Had I been present, I would have
voted ``nay.''
Mr. McDERMOTT. Mr. Speaker, I was absent and unable to vote the
evening of December 15, 2000. I would have voted against H.R. 4577
(rollcall No. 603).
____________________